VENKTESH KANHAIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

(2.) Perused the case diary provided by the counsel for the State in connection with crime No. 45/2018 registered at Police Station Geedam District South Bastar Dantewada (C.G.) for the offence punishable under Section 363, 366, 354 of the Indian Penal Code, Section 3(C) of the Protection of Children from Sexual Offences Act, and 3(1)(11) of the SC/ST (Prevention of Atrocities) Act, 1989.

(3.) Case of the prosecution, in brief is that the prosecutrix was about 14 years old. She was resident of village Kasoli. She is member of Scheduled Tribe. Applicant is neither member of Scheduled Caste nor Scheduled Tribe. On 25.07.2018 at Rautpara Haram School applicant Venkatesh Kanhaiya and co-accused Kailash Kaushal forcibly made prosecutrix to sit on the motorcycle. Coaccused Kailash Kaushal caught hold of her neck to breach her modesty. Accused and co-accused Venkatesh were taking her away towards Nagul.