SANTOSH KUMAR VISHWAKARMA, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested on 09.01.2021 in connection with Crime No. 13/2021, registered at Police Station- Chirmiri, District- Koriya (C.G.) for the offence punishable under Section 376 (2) ( [1]) of I.P.C.

(2.) Case of the prosecution, in brief, is that the applicant has performed forcefully sexual intercourse on several occasions with the prosecutrix, who is aged about 21 years and threatened her not to disclose about the incident to anyone otherwise, she has to face dire consequence. The prosecutrix has lodged a complaint, the matter has been investigated and on that basis, FIR has been lodged against the applicant and the offence under Section 376 (2)( [1]) of I.P.C. has been registered against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The prosecutrix and the applicant are known to each other because sister of the applicant has been married to family of the prosecutrix. As such, they have relatives and developed attraction to each other, which is not acceptable by the senior members of family and this situation has been fabricated in order to harass the applicant. It is further submitted that nothing has been stated by the prosecutrix regarding any sexual intercourse with her. The applicant is in jail since 09.01.2021, charge-sheet has already been filed and the trial may take sometime to conclude, hence, it is prayed that the applicant may be enlarged on bail.