Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12395
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1598 of 2025 1 - ABC (In Sealed Envelope) Nil
... Applicant versus 1 - State of Chhattisgarh Through - Arakshi Kendra, D.D. Nagar, District - Raipur (C.G.)
... Respondent For Applicant : Mr. Rajat Agrawal, Advocate For State : Ms. Pragya Shrivastava, Dy. GA
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 12/03/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 30/05/2024 in connection with Crime No.237/2024, registered at Police Station- Arakshi Kendra D.D. Nagar, District Raipur, C.G. for the offence punishable under Sections 376, 376 (2) (F), 376 (3), 376 (2) (n) and Section 34 IPC and Sections 4 (2) & 6 of the POCSO Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.19 12:46:48 +0530
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2. The case of the prosecution in brief is that the brother of the victim lodged an FIR on 29/05/2024 on the ground that on 15/07/2022 victim’s parental uncle forcibly committed rape upon her and thereafter repeatedly subjected her to sexual assault. Thereafter, on the basis of the report lodged, the victim was medically examined and she was found to be pregnant. Thereafter, on the basis of the report, the offence was lodged against the present applicant and other co-accused persons and during investigation the applicant was arrested.
3.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged against him and he has been falsely implicated. He would next contend that no DNA test or forensic analysis has been done to match the semen of the applicant with the clothes of the prosecutrix. He would next contend that the present applicant resides at Rewa which is a far distant place from Raipur, therefore, it is highly improbable to commit the offence. He would next contend that the applicant is in jail since 30/05/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail.
4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant.
5. The Victim along with her sister appeared through video conferencing from DLSA, Raipur before the Court and objected to grant of bail to the applicant.
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6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record.
7. Taking into consideration the facts and circumstances of the case and also considering the age of the prosecutrix as she was aged about 16 years & 04 Months on the date of incident and it is a case of forceful rape whereby she also became pregnant. Therefore, looking to the gravity and seriousness of offence and particularly considering the inter se relation in between the applicant and the victim, I am not inclined to release the applicant on bail.
8. Accordingly, the bail application is rejected. However, the learned trial Court is directed to expedite the trial. SD/- (Arvind Kumar Verma)
JUDGE ashu