Dayaldas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2195 of 2017 • Dayaldas S/o Heeralal Dhritlahre @ Mahangu, Aged About 21 Years R/o Village Champa, Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For Applicant : Shri Atul Pandey, Advocate For State : Shri Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/05/2017

1. Heard.

2. This is second bail application under Section 439 of Cr.P.C. First bail application was rejected on 21/02/2017. The applicant has been arrested in connection with Crime No. 386/2016 registered in Police Station Palari, District Balodabazar-Bhatapara (C.G.) for the alleged commission of offence under Sections 376, 506 of IPC and Section 4 of the Protection of Children for Sexual Offence Act, 2012.

3. Learned counsel for the applicant submits that number of prosecution witnesses have been examined. The prosecutrix has been examined. He submits that prosecutrix evidence is not reliable because doctor has not stated regarding any sexual intercourse committed on the date of incident when the girl was brought for examination. At this stage, the applicant may be granted bail, he is in jail since 02/10/2016.

4. On the other hand learned State counsel has opposed the bail application. He submits that even during the course of trial the prosecutrix has clearly stated that the applicant has committed rape, when she is minor.

5. Considering the nature and gravity of allegations, I am not inclined to grant bail to the applicant. The application is, therefore, rejected. SD/- (Manindra Mohan Shrivastava) Judge Kamde