BASANT KUMAR MIRI vs STATE OF CHHATTISGARH

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime

No.496/2017 registered at Police Station O.P.Karhibazar, P.S.Baloda Bazar, District Baloda Bazar (C.G.) for the offence punishable under Sections

376, 451 & 342 of IPC.

The present applicant is in jail since 08.11.2017 in connection with the aforesaid Crime number.

The case against the present applicant as per prosecution is that, the present applicant on 08/11/2017 is said to have entered into the house of the

prosecutrix and locking the door from inside has forcefully committed sexual intercourse with the prosecutrix.

The counsel for the applicant submits that, it is a case where the prosecutrix is a grown up girl, aged around 20 years and the present applicant is

said to have entered into the house with her consent and there was a consensual relationship between the two. That it is only when the father of the

prosecutrix had accidentally reached the spot that leads to the filing of the complaint. He further submits that, it is a case where there was no sign of

any resistance on part of the prosecutrix. She had not raised any alarm nor had tried to protect herself, neither did the father of the prosecutrix

heard any cry when he had reached the door of his house and thus prayed for releasing the applicant on bail.

The State counsel however opposing the bail application submits that, it is a case where the present applicant is said to have forcefully dragged

the prosecutrix from the Veranda to the house and their he is said to have ravished her after threatening her of her life. He further submits that the

present applicant also was seen by the father of the prosecutrix when he entered into the house and the present applicant ran away from the rear

portion of the house and thus the role of the present applicant stands established and the physical assault also stands established from the MLC

conducted.

Given the aforesaid facts and circumstances of the case this Court is of the opinion that it is not a fit case for grant of bail made out at this

juncture.

The present MCRC thus fails and deserves to be and is accordingly rejected with liberty to the applicant to revive the same after the prosecutrix

is examine before the trial Court.