ZAHID BEIG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.348/2020, registered at Police Station Civil Lines, District Bilaspur (CG), for the offence punishable under Sections 376, 376(2) [1] and 450 of the Indian Penal Code. [as per the rejection order]

(3.) As per the prosecution case the applicant and co-accused Uttara Banjare, both Ward Boys in Shri Ram Care Hospital, committed forcible sexual intercourse with the prosecutrix when she was admitted in the ICU of the said Hospital for being ill due to consumption of poison. It is alleged that during the intervening night of 21st and 22nd of May, 2020 the applicant committed rape whereas the coaccused Uttara Banjare was holding the prosecutrix.