Narrotam Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2373 of 2017 Narrotam Sahu S/o Lakhan Sahu, Aged About 36 Years R/o Village Kalangpur, Police Station Ranchirai, District- Balod, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Anda DistrictDurg, Chhattisgarh. ---- Respondent Shri Avinash Chand Sahu, counsel for the applicant/s. Shri Dhiraj Wankhede, Govt. Advocate for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/05/2017 Heard.

This is second bail application.

The applicant has been arrested in connection with Crime No.54/2016 registered at Police Station - Anda, District - Durg (CG) for alleged commission of offences under Section 376, 363, 366 of IPC and Section 5 and 6 of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned counsel for the applicant submits that the prosecutrix has now been examined in the Trial Court and her statement is not reliable because of inherent contradictions and omissions. According to learned counsel for the applicant, the age of the prosecutrix is 17 years and 5 months. Therefore, it is quite doubtful whether the prosecutrix is less than 18 years or not. 3.

On the other hand, learned State counsel submits that the prosecutrix has supported the case of the prosecution and has clearly stated that the applicant committed rape on her.

4.

Without commenting upon the merits of the case, taking into consideration the totality of the circumstances, I am not inclined to grant bail to the applicant. The application is therefore rejected.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti