DEVNARAYAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. 1. This is the second bail application of the applicant. The first bail application was dismissed as withdrawn on 9/7/2020 in M.Cr.C. No. 4226 of 2020. The applicant was arrested in connection with Crime No.413 of 2019, registered at Police Station – Pulgaon, District – Durg, Chhattisgarh for the offence punishable under Ss. 450 and 376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Learned counsel for the applicant submits that the applicant is in jail since 7/12/2019 and has been falsely implicated in this case. The prosecutrix has been examined before the trial Court and her statement shows that she was not the reliable witness. Further, the mother of the prosecutrix has given an application alongwith affidavit making a statement of no objection in grant of bail to the applicant. Hence, it is prayed that the applicant be enlarged on bail.

(3.) On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that it is a case of rape with the minor prosecutrix who also happens to be mentally retarded, therefore, the allegations made against the applicant are of serious nature. Hence, no case is made out for grant of regular bail to the applicant.