This order granted regular bail to the applicant under Section 439 CrPC accused in a rape case. The High Court allowed the bail application subject to the furnishing of a personal bond.
Release on bail subject to furnishing a personal bond of Rs. 20,000 with one surety.
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
MCRC No. 6394 of 2018
---- Applicant
Versus
---- Respondent
For Applicant : Smt. Indira Tripathi, Advocate For Respondent /State : Shri Avinash K.Mishra, PL
Hon'ble Smt. Justice Rajani Dubey
Order On Board
26/09/2018
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as she is in custody in connection with Crime No.280/2018 registered at police station Ambikapur, district Surguja (CG) for the offence punishable under Sections 114, 363,366,366A, 370, 376 and 376(D) IPC and Sections 5(1),(6)and 17 of the Protection of Children from Sexual Offences Act and Section 5 of the Prevention of Immoral Trafficking Act, 1956.
As per prosecution case, a written report was lodged by the prosecutrix in the month of January 2018 that the present applicant had offered her job and on 10.03.18 the applicant called to her house from where three unknown persons came in a car and took the prosecutrix with the help of the present applicant, to a lonely place and committed rape on her.
Counsel for the applicant submits that the applicant has been falsely
implicated and she is in jail since 11.06.18. She further submits that neither the three accused were named or mentioned in the FIR. She submits that the trial will take time for final disposal and therefore she may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am inclined to release her on bail. Accordingly, her application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the concerned court for her appearance before it as and when directed, she shall be released on bail.
Sd/(Rajani Dubey) Judge
suguna
1 issue framed by the court
Whether the applicant is entitled to regular bail in the custody in connection with rape and abduction charges.
2 provisions across 2 enactments
Sangita Ayam
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
