Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:24917
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3254 of 2025 1 - Jakhanu Ram Markam S/o Sukalu Ram Markam Aged About 23 Years R/o Village Umargaon, P.S. Makadi, District Kondagaon (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through- The Police Station Makadi, District Kondagaon (C.G.). ... Respondent For Applicant : Mr. P.K. Tulsyan, Adv. For Respondent/State : Ms. Vaishali Mahilong, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 17 / 0 6 / 202
5
1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 47/2024 registered at Police Station – Makadi, District – Kondagaon (C.G.) for the offence punishable under Sections Digitally signed by HEERA LAL SAHU Date: 2025.06.17 17:14:34 +0530
2 376(2)(n), 376(3), 506 of IPC and Sections 4 & 6 of POCSO Act. 2. As per the prosecution's case, on 12.08.2024, the father of the victim lodged a report stating therein that the applicant committed forceful sexual intercourse repeatedly with her daughter/victim from February, 2024 onward, due to which the victim became pregnant. It is also alleged that the appellant threatened her to kill if she disclosed the incident. Based on this offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the victim was consenting party and the DNA report is negative. He also submits that the applicant is in jail since 13.08.2024, and there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the victim has clearly supported the case of the prosecution and there is no evidence to show that the victim was a consenting party. She also submits that the applicant committed a heinous crime of rape with a minor girl who became pregnant, therefore, at this stage, he may not be enlarged on bail. 3
5. Today, the victim along with her mother, appeared through video conferencing from the concerned DLSA and raised no objection to grant bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7.
Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. However, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal)
Judge H.L. Sahu