Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24911
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3012 of 2025 1 - Paleshwar @ Atish S/o Shri Ghasiram Kanwar Aged About 25 Years R/o Vill- Jarwe, P.S. Nagarda, Dist.- Janjgir- Champa (C.G.). 2 - Bhojram Shriwas Alias Rikki Sen Alias Vickcky S/o Shri Santosh Shrivas Aged About 23 Years R/o Vill. Jarwe, P.S. Nagarda, District Janjgir Champa (C.G.)
... Applicant versus State of Chhattisgarh through S.H.O., P.S. Janjgir, Dist.- Janjgir- Champa (C.G.). ... Respondent For the applicant : Mr. Ravindra Sharma, Advocate For the State : Ms. Laxmin Kashyap, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 17/06/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.19 16:50:40 +0530
2 applicants in Crime No. 694/2024 registered at Police Station Janjgir, Dist. Janjgir Champa for the offences under Sections 107, 65, 3(5) of the B.N.S. and sections 4 & 6 of the POCSO Act.
2. The prosecution case is that on 03.09.2024 the applicants had gone to the house of victim girls in village Khokhra and committed forcible sexual intercourse with the minor girls and abetted them to commit suicide, due to which, they consumed pesticides which resulted in death of one victim girl out of the two.
3.
Learned counsel for the applicant read out the statement of the victim recorded u/s 164 Cr.P.C., and submits at the instance of the victim, the applicants had gone to her house where her cousin sister (since deceased) was also there. When the victim girls were talking to the applicants, the neighborhood persons of the village came and started abusing the victims asking why they were sitting with the applicants and they have threatened to kill the applicants sitting with the victims and assaulted them. He submits that due to havoc created by the nearby villagers, both the victim girls became scared and out of fear, they consumed pesticide and during the course of treatment, the cousin sister of the victim has died. He submits that the victim has nowhere stated that the applicants are accused of causing abetment . He submits that it was due to aggressive behaviour of the villagers who surrounded and created havoc at the house of victims, the victims tried to commit suicide by consuming pesticides. He further submits that out of 34 witnesses, only one has been examined till date; the trial is likely
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4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, both the victims were minors and applicants were present in the house of victim and they committed forcible sexual intercourse.
5. The victim girl along with her father has appeared through VC from the DLSA, Janjgir and has raised objection for grant of bail.
6. Having considered the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, I am not inclined to release the applicants on regular bail. Accordingly, their bail application is rejected.
7. However, looking to the custody period of the applicants, the trial Court is directed to expedite the trial and to ensure that the trial is concluded as early as possible. Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao
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