DEEPAK SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since these two bail applications are arising out of same crime i.e. Cr.No. 75/2020 they are being considered and decided by this common order.

(2.) The applicants have preferred these applications under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.75/2020 registered in Police Station Sarkanda, District Bilaspur C.G. for the offence punishable under Sections 376, 34 of the I.P.C. and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) As per the prosecution case, when the prosecutrix and her younger sister were returning at about 2.00 pm from the Police Ground after witnessing the Republic Day function on 26.01.2020 accused persons Deepak Singh (applicant in MCRC No.4900/2020), Maitalu @ Sandeep and Saate @ Rohit abducted them on the pretext of dropping at their house but instead of dropping them at their house they were taken to a lonely place at Birkona Road where accused Rahul was standing. At this place accused - Yogesh Verma (applicant in MCRC No.6103/2020) reached there on a motorcycle and forcibly brought down the prosecutrix from the car; took her to a dilapidated building; and started flirting with her. When the prosecutrix objected and resisted she was assaulted by belt and was administered chocolate mixed with psychotropic substance and committed forcible sexual intercourse. The other accused persons took away the informant (sister of the prosecutrix) and dropped her at her house.