KHEM RAJ SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition under Section 439 of Cr.P.C. has been filed by applicant -Khemraj Sahu for grant of bail. He is one of the accused in Crime No.204/2002, registered in Arang Police Station, for the offence punishable under Sections 376, 506B and 452 read with Section 34 of I.P.C.

(2.) LEARNED counsel for the applicant has produced a copy of the order passed by another Bench in M.Cr.C.No. 176/2003. The said petition was filed by co -accused namely Ishwari Yadav and he has been granted bail by the court on 11.02.2003. Learned counsel submitted that the case of Ishwari Yadav and the case of the present applicant are similar. In the statement of the prosecutrix she has stated that both the accused namely Ishwari Yadav and applicant Khemraj Sahu committed rape on her one after another. This is also clear from the order passed by the Court in the aforesaid M.Cr.C.

(3.) SINCE the case of the applicant and the case of co -accused Ishwari Yadav are similar and co -accused Ishwari yadav has already been released on bail, I am of the opinion that the applicant is also entitled for similar relief. Accordingly, the petition is allowed and applicant - Khemraj Sahu is directed to be released on bail on his executing a bond in the sum of Rs.5000/ - with one surety for the like sum to the satisfaction of the trial Court, for his appearance before the said Court/trial Court or as and where so directed. He shall not tamper with the prosecution evidence. Parties are entitled for certified copy of this order.