High CourtsSingle Bench(2019) 02 CHH CK 0444

Dadu Lal Sahu vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 25 February 2019

HON’BLE JUDGES
Goutam Bhaduri, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 734 Of 2019

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Judgment

13 paragraphs · 206 words

Goutam Bhaduri, J

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 in connection with Crime No.112/2018 registered at Police Station Pallari, Distt. Baloda Bazar-Bhatapara (CG) for the offence

punishable under Section 376 IPC and Section 4 of the Protection of Children from the Sexual Offences Act, 2012.

2.

The First bail application bearing M.Cr.C. No.2863 of 2018 was dismissed as withdrawn on 28.05.2018 with liberty to repeat after the material

witnesses are examined.

3.

As per the prosecution case, on 14.02.2018 the applicant has sexually assaulted a minor girl of aged about 5 years. As such the offence has been

committed.

4.

Learned counsel for the applicant submits that the material witnesses in this case have been examined and the applicant is in jail since 15.02.2018,

therefore, he may be released on bail.

5.

Per contra, learned State counsel opposes the prayer for grant of bail.

6.

Perused the statement of Kumari Bai (PW-1), who is the mother of the victim, considering the same without any observation on merits, I am not

inclined to release the applicant on bail. Accordingly, the bail application is dismissed.