HC grants bail to rape accused
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Nagpur– Justice PV Ganediwala had granted bail to accused Naresh Chaitram Chauksey R/o JP Nagar, Kamptee on bail.He was arrested for offence punishable U/s 376, 354, 506 OF IPC vide Crime No.424/2020 registered by the PS Old Kamthee Nagpur.
In short, case of the prosecution is that, It submitted that, victim has lodged the report with PS Old Kamthee that, she is married to one Subhash Joshi and she is also having a 12 year old daughter. It is alleged that, her husband was arrested for offence under sec 420 of IPC and therefore she was requiring Rs. 20,000/- for paying fees to advocate. Therefore, she had asked for Rs. 10,000/- to applicant. It is alleged that, on 24-07-2020, applicant had called victim on highway and thereafter applicant took her to his office and given her Rs. 10,000/- and thereafter they went to meet her husband at PS Nanadanvan.
Thereafter, bail application was moved before the court but his bail application was rejected. It is alleged that, applicant had told her that, he likes her but complainant had stated that, she does not have any feelings for him. Thereafter, applicant was talking to her phone. On 2-10-2020, applicant and victim went to Kuhi for seeing agricultural field and it is alleged that, applicant has touched her inappropriately. Thereafter it is alleged that, on the same day at 7 to 8 pm, applicant had come to her home and committed sexual intercourse with her. On 7-10-2020, husband of complainant was granted bail and thereafter she has narrated the incidence to her husband. That, report of the alleged incidence came to be lodged on 25-10-2020 .
Naresh Chaukse had applied before Sessions Court Nagpur for grant of bail which was rejected.
It was submitted that, there is inordinate delay of 23 days in lodging the FIR. That, FIR itself reveals that, husband of complainant was released on bail on 7-10-2020 but still FIR is lodged on 25-10-2020 which clearly shows that, it is an afterthought FIR.
It was submitted that, perusal of FIR points out abput possibility of consensual relationship between Naresh and Complainant.
HC grants bail to rape accused
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