High CourtsSingle Bench

Deepak Mallah vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 10 January 2018 · Citation: (2018) 01 CHH CK 0128

HON’BLE JUDGES
P. Sam Koshy, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 252 Of 2018
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Judgment

11 paragraphs · 163 words

P. Sam Koshy, J

1.

Present is a repeat bail application filed under Section 439 of Cr.P.C. in connection with Crime No.189/2017 registered at Police Station City

Kotwali, Mungeli (C.G.) for the offence punishable under Section 376 of IPC.

2.

Present applicant is in jail since 20/04/2017.

3.

The earlier bail application was rejected by this Court on 23/11/2017 vide M.Cr.C.No. 5024/2017.

4.

The only ground for filing the repeat bail application is that, the prosecutrix have been examined before the Court below and she has not supported

the case of the prosecution and have turned hostile.

5.

However, perusal of the statement of the prosecutrix would reveal that, though she has been declared hostile in her examination in chief, there are

prima facie incriminating materials available against the present applicant.

6.

Given the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the applicant at this juncture.

7.

Accordingly, the present bail application stands rejected.