Neelam Chandrakar vs State Of Chhattisgarh

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.08/2018 registered at Police Station

Anda, District Durg (C.G.). for the offence punishable under Section 376 of IPC.

Present applicant is in jail since 06/02/2018.

The allegation against the present applicant as per the prosecution case is that, the present applicant is said to have on 05/02/2018 at around 8 p.m.

caught hold the prosecutrix who has gone out of her house for answering the nature's call and dragged her to the nearby deserted house and there he

is said to have committed rape during which period on the alarm raised by the prosecutrix, the father-in-law and the husband of the prosecutrix

reached the spot and caught the present applicant red handed.

The counsel for the applicant submits that the nature of statement of the prosecutrix itself would reveal that it is a case of consensual relationship

between the two. He further submits that an F.I.R. had to be lodged on account of the father-in-law and the husband catching the prosecutrix with the

present applicant red handed and thus prayed for releasing the applicant on bail.

The State counsel however opposing the bail application submits that, from the statement of the prosecutrix it appears that, the present applicant

had used force to drag the prosecutrix to the nearby deserted house and relying on the statement of the prosecutrix there appears to be a serious

charge against the present applicant and thus prayed for rejection of the bail application.

Having heard the contentions put forth on either side and on perusal of record, particularly considering the age of the prosecutrix and the narration

of facts by the prosecutrix so far as the place from where she was caught by the present applicant and then dragged her to the deserted nearby house

gives rise to a great element of doubt.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that prima-facie a strong case has been made out for grant of

bail to the present applicant.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing a personal bond for

a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the

Trial Court on each and every date given by the said court.