Tripura High Court
Dinesh Chakma vs The State Of Tripura on 16 September, 2020
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
AB 104 OF 2020
Dinesh Chakma
.. Petitioner(s)
Vrs.
The State of Tripura
...Respondent(s)
Present:
For the petitioner (s) : Mr. P. Rathor, Advocate. For the respondent(s) : Mr. S. Ghosh, Addl. P.P. HON'BLE MR.JUSTICE ARINDAM LODH 16.09.2020 Order This application has been filed by the accused-petitioner Shri Dinesh Chakma, praying for granting him bail in the event of his arrest in connection with Chailengta PS Case No.2020 CLT 003, registered under Sections 448/376/506 of IPC.
Heard Mr. P. Rathor, learned counsel appearing for the accused-petitioner as well as Mr. S. Ghosh, learned Addl. P.P. appearing for the State-respondent.
Mr. Ghosh, learned Addl. P.P. has produced the case diary.
The fact, in short, is that the complainant had lodged a complaint to the O.C., Chailengta P.S. on 06.01.2020 alleging that she was raped by the accused-petitioner on 19.12.2019 and she informed the matter to her husband on the next day. Her husband was at Page 2 of 2 Bangalore at the time of incident and he came back on 05.01.2020. She was residing at the house of her parents-in-law.
It is found from the case diary that she made statement under Section 164(5) of CrPC before the Magistrate concerned and after conscious consideration of that Statement, it appears that though she was residing along with her parents-in-law, she did not inform the incident to anyone of them. Further, she did not inform the incident to any of the co-villagers after the FIR being lodged on 06.01.2020. So, prima facie, I suspect the genuinity of the fact as narrated by the complainant. As such, I am inclined to allow the bail prayer of the accused-petitioner.
Accordingly, it is directed that the accused-petitioner, namely, Shri Dinesh Chakma, in the event of his arrest, shall be released on bail on furnishing a bond of Rs.50,000/- with one surety of like amount to the satisfaction of the arresting authority on condition that he shall co-operate with the process of investigation in all respects as and when required by the I.O.
With the above direction, the bail application stands allowed and thus disposed of.
Return the case diary.
JUDGE