KEJU RAM DAHARIYA Vs. STATE OF C.G.

JUDGEMENT

(1.) By way of the present application u/s. 438 of Cr.P.C. the applicant has sought for grant of anticipatory bail apprehending his arrest in connection with Crime No. 70/2014 registered at P.S. Kharora, District Raipur for the offence punishable under Sections 376, 363 and 366/34 of IPC. As per the prosecution allegation against the present applicant is that he is said to have kept the main accused Satwan and the prosecutrix in his house and also asked the prosecutrix to sleep with the main accused Satwan. It is further alleged that next day, the applicant took the main accused along with the prosecutrix to the house of the aunt of the co-accused where also the applicant is alleged to have asked the prosecutrix to sleep with the main accused Satwan.

(2.) Counsel for the applicant submits that it is a case where except for providing shelter to co-accused Satwan and the prosecutrix, there is no allegation against the applicant of abduction or for the offence u/s. 376 of IPC and therefore the applicant may be granted the advantage of anticipatory bail.

(3.) However, State counsel opposes the bail application on the ground that it is a case where the applicant has also some role in the said offence and it is the present applicant who is alleged to have forced the prosecutrix to sleep with the main accused Satwan.