Appeal against bail rejection under SC/ST Act. Court denied bail citing victim's statement of forcible rape, injuries, and pending examination of vulnerable witness despite appellant's claim of prior intimacy.
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16.05.2023 as/tkm/ct 28 sl no. 23
C.R.A. (DB) 78 of 2023
In Re : An application under section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act
In Re : Mujaffar @ Muzaffar …..appellant
Mr. Arnab Chatterjee Ms. P Bose …………. For the appellant Ms. Z N Khan Mr. Arup Sarkar …………. For the State Mr. Madhu Jana ……. For the de facto complainant
Appellant submits that the allegation of forcible rape is false. There was prior intimacy between the parties. Allegation of uploading video containing obscene pictures are also false. He is in custody for more than 261 days. He prays for bail.
Learned lawyer for the State opposes the bail prayer.
Learned lawyer for the de facto complainant also opposes the bail prayer. He submits that the victim was forcibly raped and suffered injuries.
We have considered the materials on record including the statement of the victim. Even if one presumes there was some prior acquaintance between the parties, the statement of the victim unequivocally shows she was physically assaulted and raped. Thereafter her obscene pictures were shown to her fiancé.
Under such circumstance and as the vulnerable witness is yet to be examined, we are not inclined to grant bail to the appellant at this stage.
Accordingly, the prayer for bail is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether bail should be granted to an accused charged with forcible rape and uploading obscene pictures under the SC/ST Act despite claims of prior intimacy.
Whether the pending examination of the vulnerable witness affects the bail decision.
Whether the allegations of forcibly raping a vulnerable witness and showing obscene pictures justify denial of bail.
1 provisions across 1 enactments
Mujaffar @ Muzaffar
State
de facto complainant
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
