KRISHNAKANT SHRIVAS 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 20.02.2021 in connection with Crime No. 352/2020, registered at Police Station- Sakri, District- Bilaspur (C.G.) for the offence punishable under Section 376 of I.P.C.

(2.) Case of the prosecution in brief is that the complainant/ prosecutrix lodged a report in Police Station Sakri to the effect that on 18.05.2017, the prosectrix went to Anchal Beauty Parlor to take her sister-in-law (Nanad), who had gone for makeup on event of her marriage, back at about 9:00 p.m. and the present applicant dragged her into a room and committed sexual intercourse with her. She tried to shout, but nobody could hear her as the room was closed with glass. The present applicant had threatened the prosecutrix about not to disclose the matter. The matter was reported to police station against the present applicant and offence under Section 376 of the I.P.C. has been registered against the present applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is delay in lodging the FIR. There is dispute between the parties regarding the loan amount. The prosecutrix had advanced Rs. 50,000/- + Rs. 30,000/- (Total Rs. 80,000/-) as loan to the applicant. Though the entire loan amount has been returned by the applicant, but to receive more interest, false FIR has been lodged against him. Hence, it is prayed that the applicant may be enlarged on bail.