Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:18589
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3154 of 2025 Godro Dewar S/o Panchram Dewar Aged About 55 Years R/o Mauharbhantha, Ward No. 02, In Front Of Degree College Sarangarh, P.S. Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh
... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh
... Respondent For Applicant : Shri C.P. Lahrey, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 24/04/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.584/2024 registered at Police Station Sarangarh, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.26 12:12:18 +0530
2 Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 70(1) of B.N.S.
2. Case of the prosecution, in brief, is that on 09.08.2024 at 11.00 p.m. the applicant/accused along with other children in conflict with the law bit the private parts of the 45 year old female complainant with their teeth and dragged her into the mud of a field and raped the complainant/victim in turns.
3.
Learned counsel for the applicant submits that the present applicant is innocent and he has not committed any offence. He would further submit that there were five accused persons including the applicant out of which four were juvenile and their bail application in criminal revision have been rejected by coordinate bench of this Court and so far as the applicant is concerned, he is jail since 10/08/2024, charge sheet has been submitted and conclusion of trial is likely to take some time, hence he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application and submits that it is a case of gang rape and the victim who was 45 years of age, she was subjected to rape and she has suffered injuries on her person.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, considering the nature of allegation that the applicant along with other four accused who were juvenile committed gang rape with the victim aged about 45 years and she suffered injuries on her person, also considering the fact that bail application of all the four juveniles in
3 criminal revision have been rejected by coordinate bench of this Court, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
7. Accordingly, the bail application of applicant Godro Dewar involved in Crime No.584/2024 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 70(1) of B.N.S, is rejected.
8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information.
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Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
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