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2025 DAILYLAW 15943 (CHH)

XYZ v. STATE OF CHHATTISGARH

MCRC/3271/2025 · 2025-04-29

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Judgment text

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1 2025:CGHC:19417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3271 of 2025 XYZ ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Saragaon, District Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 167/2024, registered at Police Station Saragaon, District Janjgir-Champa (CG) for the offence punishable under Sections 64(2)(F), 351(3) and 127(2) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that on 19.08.2024, at around 8:00 P.M., when the victim was sitting in her courtyard, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 applicant, who is sone of the victim, came to her and asked her to eat chicken dish made by him which was refused by her. Thereafter, the applicant dragged the victim into his room, removed her clothes and committed rape on her, he also threatened her of life, if she disclosed the incident to anyone. On the basis of the report of the victim, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Though, the learned counsel for the applicant submits that he wants to withdraw the present bail application, but on being made query from learned counsel for the applicant as to why he wants to withdraw the present bail application, he submits that the present case is not good one. 4. From perusal of the records, it transpires that victim happens to be the mother of the applicant, who is aged about 62 years old and the applicant has committed sexual assault on her mother. 5. Considering the aforesaid facts & circumstances of the case, nature & gravity of the offence, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 6. Accordingly, the bail application of applicant-XYZ, involved in Crime No. 167/2024, registered at Police Station Saragaon, District Janjgir-Champa (CG) for the offence punishable under 3 Sections 64(2)(F), 351(3) and 127(2) of the BNS, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil