MITA GUHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant bail application is filed by Smt. Mita Guha, wife of accused Sri Dilip Guha who was arrested on 29.10.2010 in connection with Kalyanpur P.S. Case No. 72/2010 (GR 288/2010) under Section 376(2)(a)(i)(ii) & b/366A read with Section 109/120B of IPC which was registered on the basis of the information lodged by one Sri Amullya Das, father of the victim girl, who was allegedly raped by the accused person.

(2.) Heard Ms R Guha, learned Counsel for the Petitioner as well as Mr. D Sarkar, learned PP for the State.

(3.) Brief facts needed to be discussed for disposal of the instant bail application are that one Sri Amullya Das lodged an FIR against the accused on 28.10.2010 alleging inter alia, that on 26.10.2010, after completion of work in the house of Sri Jogeswar Nath Sharma, his daughter came back at 11.30 a.m. and after that one Minuti Das (Rani), D/O Surendra Das kidnapped her from the road and on 27.10.2010 at 10.30 a.m. she came back to her home and when she was asked regarding her whereabouts; she informed that Rani took her by provoking her in the quarter of O/C Dilip Guha, accused herein. Since evening they made her unconscious by making her drink alcohol and after that while she was unconscious she was raped for the entire night. Minuti Das (Rani) was also associated with the accused Dilip guha. In connection with the aforesaid PS Case accused Dilip Guha has been arrested and is still in detention as a under trial prisoner. On being arrested, the accused on 26.11.2010, 01.12.2010 and 20.12.2010 filed bail applications and those bail applications were rejected. Hence, this bail application.