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2025 DAILYLAW 11316 (CHH)

VIJAY MISTRI v. STATE OF CHHATTISGARH

MCRCA/296/2025 · 2025-03-10

body2025

Judgment text

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1 2025:CGHC:11881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 296 of 2025 Vijay Mistri S/o Late Gopal Mistri Aged About 27 Years Occupation- Agriculture, R/o Village Sakalo, (Vishnupur), Police Station Gandhinagar, Tahsil Ambikapur, District Surguja, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The S.H.O., Police Station- Gandhinagar (Ambikapur), District Surguja(Ambikapur), Chhattisgarh. ... Respondent For Applicant : Shri Varunendra Mishra, Advocate. For Respondent/State : Shri Sangarsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 10/03/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.11 18:59:26 +0530 2 with Crime No.676/2024, registered at Police Station Gandhingar (Ambikapur), District Surguja (Ambikapur) (C.G.) for alleged commission of offence punishable under Sections 64(2)(m), 65(1), 88, 351(3) of BNS and 6 of the POCSO Act. 2. As per the case of the prosecution, the applicant committed forceful rape on the victim aged about 15 years for a period of 5-6 months and also threatened her with dire consequences but when the victim became pregnant, she was forced to abort. On such complaint, the aforesaid FIR was registered against the applicant. 3. Learned counsel for the applicant submits that initially the applicant was arrested but he was not taken on remand and he was released. He would further submit that the victim has falsely implicated the applicant. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the victim is a minor girl aged about 15 years as per Dakhil Kharij Register of Class-I. It is further submitted that the applicant has sexually assaulted the victim and she became pregnant and she was also given some medicine on account of which she fell unwell and informed to her aunt about the incident, then the FIR was lodged, therefore, the anticipatory bail application of the applicant deserves to be rejected. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that the applicant has committed forceful rape with the minor girl about 15 years and she became pregnant and she was also given some medicine on account of which she fell unwell, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Vijay Mistri, involved in Crime No.676/2024, registered at Police Station Gandhingar (Ambikapur), District Surguja (Ambikapur) (C.G.) for alleged commission of offence punishable under Sections 64(2)(m), 65(1), 88, 351(3) of BNS and 6 of the POCSO Act is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri