Murlidhar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7001 of 2017 • Murlidhar Yadav S/o Shri Khemashanker Yadav, Aged About 21 Years Caste Mahkul, R/o Village Chitkidand Bansjor, Police Station And Tahsil Dharamjaigarh, District Raigarh Chhattisgarh Mobile No. 9770750038. ----Applicant

Versus

• State of Chhattisgarh Through District Magistrate Raigarh, District Raigarh Chhattisgarh.

---- Respondent For Applicant :

Shri Amit Singh, Advocate For Respondent-State :

Shri SRJ Jaiswal, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/11/2017

1. This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 20.01.2017 in connection with Crime No. 24/2017 registered in Police Station Dharamjaigarh, District Raigarh (C.G.) for offence punishable under sections 376, 506 & 324 of the I.P.C.

2. As per the prosecution case, a report was made that the applicant on the point of knife committed forceful sexual intercourse with the prosecutrix.

3. The First Bail Application was dismissed as withdrawn on 13.06.2017 with liberty to repeat the same after examination of the prosecutrix.

4. Learned counsel for the applicant submits that now the prosecutrix has been examined and the report is delayed by two months and the evidence would show that the doctor has not supported the fact of immediate intercourse. It

is further submitted that the place of incident is the house and there are two rooms adjacent to each other, therefore, the allegations prima facie appears to be false.

5. I have perused the statement of the prosecutrix (PW-3), wherein the positive allegations have been attributed against the present applicant. Considering the same it would not be proper for this Court to hold a trial and give finding as it would amount to usurp the power of trial Court. Accordingly, the repeat bail application is dismissed.

Sd/- Goutam Bhaduri Judge Ashu