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2021 Supreme(Chh) 26

PARTH PRATEEM SAHU
Somnath Mandavi S/o Balram Mandavi – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Amit Kumar Sahu.
For the Respondent: Shri D.P. Singh.

ORDER :

1. This is second application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 08.07.2020 in connection with Crime No. 184 of 2020 registered at Police Station Kanker, District North Bastar Kanker, Chhattisgarh for commission of offence punishable under Sections 376, 366, 323, 506, 450 and 376(2)(n) of the Indian Penal Code. First bail application was dismissed as withdrawn.

2. Case of the prosecution, in brief, is that, the applicant was working as Mason and prosecutrix was working as labourer in under construction building. The applicant stated that he is having love with her and visited her house on number of occasions. On one day, applicant came to her house in the night and knocked the door. She opened the door, thereafter, applicant made physical relationship with her for the first time. She was residing in a house along with parents and younger brother. Applicant visited the house of prosecutrix in night on number of occasions and made physical relations. On 23.06.2020, applicant came to her house in the night at about 2.00 AM, knocked the door and asked the prosecutrix to accompany her and

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