SADULLA SHEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Sadulla Sheikh has filed this application for bail under Section 438 of the Code of Criminal Procedure in Chunari P.S. Case No.11/2019 under Section 448/376 I.P.C.

(2.) I have gone through the contents of the FIR. The victim herself got the FIR registered to the effect that on 25.09.2019 at 4.00 P.M. when she was taking a bath in a temporary bathroom, the accused took advantage of her being alone, caught her and committed rape. She raised hue and cry, whereupon the neighbours came. The accused left leaving behind his mobile phone.

(3.) Considering the fact that the victim herself is the complainant and the offence committed is of serious nature, I find no ground to show indulgence in the application filed under Section 438 of the Code of Criminal Procedure.