Dismissed

Ashok Chandraker and Others v. State Of Chhattisgarh

Chhattisgarh HC1 Jul 2016MCRCA/448/2016

Case brief

AI extract

What is this about?

The Chhattisgarh High Court rejected an application for anticipatory bail under Section 438 Cr.P.C. filed by three accused in a rape case. The court held that the prosecutrix's statement and specific allegations precluded the benefit of anticipatory bail despite applicants' contentions regarding medical reports and FIR delay.

What did the court decide?

Application for anticipatory bail under Section 438 Cr.P.C. rejected.

Ashok Chandraker and Others Vs State Of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2016)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 448 of 2016

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Ashok Chandraker, S/o. Sampat Chandrakar, Aged About 33 Years.

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Santosh Chandraker, S/o. Sampat Chandraker, Aged About 36 Years.

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Suresh Chandraker, S/o. Mohan Chandraker, Aged About 30 Years.

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All are R/o. Village Nawagaon Musau, Police Station Kunda, District Kabirdham, Chhattisgarh.

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---- Applicants

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Versus

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State Of Chhattisgarh, Through the Police Station Kunda, District Kabirdham, Chhattisgarh.

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---- Respondent

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--------------------------------------------------------------------------------------------------For Applicants : Mr. Somnath Verma, Advocate For Respondent : Mr. Arvind Shukla, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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01/07/2016

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Apprehending arrest in connection with Crime No.46/2016 registered at Police Station- Kunda, District Kabirdham (C.G.) for the offence punishable under Section 376-D, 506, 456/34 of Indian Penal Code, the applicants have preferred this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

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Case of the prosecution, in brief, is that on 20.03.2016, at about 11:30 p.m., the applicants entered into the house of the prosecutrix and thereafter committed forceful rape with her.

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Learned counsel for the applicants submits that the report was made on 21.03.2016 and the delay is not explained. He further would submit that the medical report also do not support the case of the prosecution, therefore, the applicants have been falsely implicated in this case and consequently they may be released on anticipatory bail.

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Per contra, learned State counsel opposes the prayer for grant of bail.

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Perused the case diary and the statement of the prosecutrix wherein specific allegations have been attributed to these applicants. Considering the statement of the prosecutrix, this is not a case where the benefit of anticipatory bail can be extended to the applicants.

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Accordingly, the bail application filed under Section 438 of Cr.P.C. is rejected.

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Sd/- (Goutam Bhaduri) Judge

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Ashok

Ashok Chandraker and Others v. State Of Chhattisgarh

Case brief

What is this about?

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Ashok Chandraker and Others v. State Of Chhattisgarh

Case brief

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What did the court decide?

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