Dismissed
Ajay Das Manikpuri v. State of Chhattisgarh
Chhattisgarh HCMCRC/5567/2021
Case brief
from the order text
What is this about?
CHHATTISGARH, BILASPUR MCRC No. 5567 of 2021…
What the court decided
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CHHATTISGARH, BILASPUR MCRC No. 5567 of 2021…
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5567 of 2021
---- Applicant
Versus
----Non-applicant
For Applicant – Shri Avinash Chand Sahu, Advocate. For Non-applicant/State – Smt. Hamida Siddiqi, Deputy Advocate General.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
06-10-2021
1 . Heard on the application filed under Section 439 of the Cr.P.C. This is second bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 06-05-2020 in connection with Crime No.61/2020 registered at Police Station – Gurur, District- Balod , Chhattisgarh for the offence under Section 363, 109, 376 ( ? k), 342/ 34 of the
IPC and Section 4, 5( ? k), 6, 17 of Protection of Children from Sexual Offences Act, 2012.
2 . It is submitted on behalf of the applicant, that this is second application filed by the applicant for grant of regular bail before this Court. His earlier bail application MCRC 6135/2020 was dismissed as withdrawn on 02-02-2021. Learned counsel for the applicant submits that the applicant is innocent and he
has been falsely implicated in this case. Similarly placed co-accused persons, namely, Praveen Kumar Shrivastava and Umesh Kumar Thakur have been granted bail by this Court. The statement of the prosecutrix that have been recorded under Section 161 and 164 of the Cr.P.C. and before the Child Welfare Committee are contradicting each other. Name of this applicant has
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not appeared in the FIR. Therefore, there is no case present against this applicant. Hence, it is prayed that he may be granted bail.
3 . Learned counsel for the State/non-applicant opposes the application and submits that although name of this applicant has not appeared in the FIR, but the prosecutrix has clearly stated against this applicant in her statement under Section 161 and 164 of the Cr.P.C. Further, it is a case of gang rape. Therefore, the applicant is not entitled for grant of bail.
4 . The prosecutrix had virtually appeared before this Court on 20-09-2021 and she has objected to grant of bail to the applicant.
7 . Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby rejected.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
1 provisions across 1 enactments
Ajay Das Manikpuri
Rajendra Chandra Singh Samant
As recorded by the court registry
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