RESHAM DHRITLAHARE Vs. STATE OF C.G.

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/15, registered at Police Station Kasdol, District Baloda Bazar, for the offence punishable under Sections 363, 366, 376 r/w 34 of Indian Penal Code and Sections 4, 6, 10 of POCSO Act.

(2.) Case of the prosecution, in brief, is that applicant and co-accused Sachin Banjare are said to have kidnapped the prosecutrix on 17/03/2015 and committed sexual intercourse with her.

(3.) Learned counsel for the applicant would submit that applicant has been falsely implicated in this case as he has not committed rape with prosecutrix and it is Sachin Banjare, who has kidnapped and committed sexual intercourse with prosecutrix. He would further submit that charge sheet has been filed and applicant is in jail since 21/03/2015, therefore, he may be released on bail.