1 2025:CGHC:18372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3066 of 2025 Ishwar Sonwani @ Pandit S/o Ramsai Aged About 27 Years R/o Village - Kakmaitoli Pandrapath, Chouki - Pandrapath, P.S. - Bagicha, District Jashpur Chhattisgarh (Surname Correctly Mentioned) ... Applicant(s) versus State Of Chhattisgarh Through P.S. - Bagicha, Dist. - Jashpur Chhattisgarh ... Non-applicant For Applicant : Mr. Dinesh Yadav, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.229/2024, registered at Police Station- Bagicha, District- Jashpur (C.G.) for the offence punishable under Sections 65, 87 of BNS, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. The prosecution story in brief is that as stated by victim in written complaint that on 02-12-2024 at around night 09:00 PM, victim, her husband, Jethani, Jeth, Dewrani, Dewar, father in law and applicant consumed Hadia, sitting altogether from where victim and her husband returned at her house at around 10:00 PM. At around 11:00 PM, victim's Jeth and Jethani were quarreling and her Jethani was shouting save..Save.. on which victim's husband tried to interrupt scufÒe, during which the applicant suddenly caught hold victim, gagged mouth, pulled and get her slept in farm and committed forceful intercourse without her consent and said to go her thereafter, which she narrated to her husband after reaching home. Thus, on the basis of written complaint crime No 229/2024 registered by Bagicha police against applicant for alleged offence under Section 64, 87 BNS 2023. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He further submits that from bare perusal of the prosecution story, investigation and evidences adduced it is evident that victim, her husband, her relatives and applicant all had consumed liquor as such all were under intoxicated state of mind. It shows that all persons including applicant got assembled, at the spot consciously on their own consent. Even otherwise the allegation made against the applicant is taken as stated then also it was a consensual intercourse and not forceful against consent, which is corroborated from the no objection made by the victim before learned trial Court. Victim and her husband both have recorded their no objection in granting bail 3 to the applicant before learned trial Court, demonstrate that the victim was consenting party. He further submits that the entire case of prosecution is taken into consideration, then also the offence is not made out against applicant as admittedly and undisputedly the applicant was under intoxicated stated which falls under general exception chapter of BNS. He also submits that the victim and her husband are illiterate and does not understand the police proceedings which she has categorically disclosed in the deposition further the victim and her husband did not support the prosecution case and turned hostile. Both of them are material witnesses on whose evidence the entire prosecution case is standing, and they have turned hostile as such the entire prosecution case is vitiated. The victim and applicant were known to each others that's why they sat together for consuming hadia and under intoxicated stated both of them have went through consensual relation which under no stretch imagination falls under any offence and there is no any direct or indirect evidence against the applicant showing in any way his indulgence in the alleged offence and he is in jail since 04.12.2024 and the conclusion of the trial is likely to take quite long time, therefore, he prays for releasing the applicant on regular bail. 5. 5. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court further the statement of the victim recorded under Section 183 of the BNS, wherein it appears that the victim is aged about 29 years married lady and she herself supported the prosecution story. Hence the present applicant is not 4 entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that after filing of the charge-sheet, trial is in progress and though the victim and her husband both have turned hostile and not supported the prosecution case, however the victim in her statement before the Magistrate, has supported the case of the prosecution further considering the gravity and seriousness of this case , this Court is of the view that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application of the applicant namely Ishwar Sonwani involved in Crime No.229/2024, registered at Police Station- Bagicha, District-Jashpur (C.G.) for the offence punishable under Sections 65, 87 of BNS, 2023, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal