MANSAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The case of the prosecution, in brief, is that on 28/12/2021, the prosecutrix came with her husband to his brother's house at Deepka. On the way, the applicant, who is the son of her elder father-in-law (Bade Sasur), sent the husband of the prosecutrix for purchasing liquor and thereafter, he took the prosecutrix in a forest and committed forcible sexual intercourse with her and also threatened to kill her. Thereafter, the FIR was lodged on 29/12/2021.

(2.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The wife of the present applicant had made a complaint on 30/1/2020 against her neighbour and one of the policeman namely Manoj Mishra, who was posted as the Sub Inspector, Deepka Police Station. He would further submit that there was some family dispute with the husband of the prosecutrix, therefore, she has made a false complaint against the applicant. He submits that on the date of the incident, the applicant, who was working as a driver in M/s. Jay Ambe Transport, Raipur, was on his way to Chaal, Raipur in his vehicle No.CG-04-1061 for filling coal and he was not present on the spot. In support of the said submissions, certain documents have been annexed with the bail application. Hence, he prays that the applicant may be extended the benefit of Sec. 438 of Cr.P.C. to the applicant.

(3.) On the other hand, learned counsel for the State opposes the bail application.