SAJALI TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is a bail application under Sec. 439 of Cr.P.C. filed by the applicant/Smt. Sajali Tripura on behalf of the accused in connection with Sabroom PS Case No.2023/SBM/071 under Ss. 341/376 of IPC praying for enlarging the accused on bail. The accused, namely, Anna Kumar Tripura is in custody since 18/12/2023 except for a few days when he was on bail.

(2.) The accused/Anna Kumar Tripura had been arrested for allegedly committing offence of rape punishable under Sec. 376 of the Indian Penal Code. The mother of the victim girl had lodged the complaint on 18/12/2023 alleging inter alia that on 17/12/2023, at about 17:00 hrs., her daughter aged about 19(nineteen) years, while was returning to her house after playing from high school ground, then the said accused/Anna Kumar Tripura restrained her and forcefully took her in bamboo bush and committed rape upon her daughter forcefully. On 18/12/2023 itself, the victim girl disclosed the said fact to the complainant/mother and other neighbourers. The Officer In-charge, Sabroom Police Station after receipt of the complaint had registered the case under FIR No.2023/SBM/071. The accused/Anna Kumar Tripura had been arrested on the same date i.e. on 18/12/2023 itself. The victim girl was also medically examined. The accused was produced before the court of learned SDJM and a bail application was moved. Vide order dtd. 19/12/2023, the learned SDJM had allowed the accused to go on interim bail. The Case Diary was called for. The bail application came up for consideration again on 22/12/2023 when the IO had forwarded the updated CD, Medical Examination report of the victim along with one bail cancellation petition for cancelling the interim bail which was granted to the petitioner. The learned Court of SDJM had noted the submissions of learned counsel appearing on behalf of the accused as well as the Public Prosecutor appearing for the State-respondent. Thereafter, learned SDJM had observed thus:-

(3.) Thereafter, learned SDJM had observed that:-