In a bail application under Section 439 Cr.P.C. regarding rape and unnatural offences, the High Court of Chhattisgarh rejected the plea, refusing release due to the nature and gravity of the offence and modus operandi.
Bail application under Section 439 Cr.P.C. is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C.No. 3642 OF 2015
Mahesh Kumar Keshwarwani, S/o Dev Prasad, aged about 32 years, resident of village Kachhar, P.S. Bhupdevpur, Civil and Revenue District Raigarh (C.G.)
---Applicant
Versus
State of Chhattisgarh, Through: The Station House Officer, Police Station Bhupdevpur, Civil and Revenue District Raigarh (C.G.)
---Non-applicant
For Applicant : Mr. Rajesh Ranjan Sinha, Advocate For Non-applicant : Mr. S.R.J. Jaiswal, P.L.
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
18/08/2015
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. 175/2014, registered at Police Station Bhupdevpur, Civil and Revenue District Raigarh (C.G.), for the offence punishable under Sections 450, 376 of the I.P.C.
2. After hearing learned counsel appearing for the parties and taking into consideration the nature and gravity of offence; the manner, in which, applicant is said to have committed sexual intercourse with the prosecutrix on 11/09/2014 and he was caught red-handed by the husband of the prosecutrix, this Court is not inclined to release the applicant on regular bail.
3. Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.
4. Certified copy as per rules.
Sd/-
(Sanjay K. Agrawal)
JUDGE
Tiwari
1 issue framed by the court
Whether the applicant is entitled to regular bail in a case involving rape under Section 376 IPC?
3 provisions across 2 enactments
Mahesh Kumar Keshwarwani
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
