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2014 DIGILAW 361 (CHH)

Poonam @ Rashmi Das Kaser v. State Of Chhattisgarh

2014-10-10

MAHINDRA MOHAN SHRIVASTAVA

body2014
Order : Heard. The applicant has been arrested on 15/08/14 in connection with Crime No. 563/14 registered at police station - Out post Padmanabhpur, Durg of P.S. Kotwali, Durg, District - Durg for alleged commission of offence under Section 343, 376, 511, 323, 506, 34 of IPC. Case of the prosecution is that the husband of the applicant attempted to commit rape on the prosecutrix and the applicant did not save the prosecutrix nor rescued her from such an attempt of commission of rape on prosecutrix. It is also alleged that the prosecutrix was kept in wrongful confinement by the applicant and her husband in the house. Learned counsel for the applicant submits that the allegation against the applicant are not only false but highly improbable. The main allegations are on the husband and not on the applicant and it is most improbable that the wife of the co-accused would support any such act. It is further submitted that the applicant is in jail since 15/08/14 and a substantial part of investigation is over and there is no need to keep the applicant in detention. He further submits that the other offences are bailable in nature. On the other hand, learned State counsel opposes the prayer for grant of bail in view of the statement of the prosecutrix that a prima facie case of applicant being involved in the commission of offences is made out and the prosecutrix has stated that the applicant did not resist her husband and allowed her husband to ravish the prosecutrix. Taking into consideration the totality of circumstances, particularly taking into consideration that the allegation of attempt to commit rape is on the other co-accused and also taking into consideration the submission of learned counsel for the applicant that the allegation against the applicant is that she was supporting the act of her husband which is highly improbable and the State counsel is not in a position to state as to why further detention of the applicant is necessary and also that the applicant is not likely to abscond or tamper with the prosecution witnesses, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond of Rs. 25,000/- along with one local surety for the like amount to the satisfaction of the trial Court. It is directed that the applicant shall be released on bail on furnishing a personal bond of Rs. 25,000/- along with one local surety for the like amount to the satisfaction of the trial Court. The applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance. Certified copy as per rules.