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2025 DAILYLAW 20025 (CHH)

Chaman Lal Jangde v. THE STATE OF CHHATTISGARH

MCRC/3286/2025 · 2025-04-29

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Judgment text

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1 2025:CGHC:19411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3286 of 2025 Chaman Lal Jangde S/o Atmaram Jangde Aged About 38 Years R/o Paijani, Thana- Lawan, Distt. - Baloda Bazar- Bhatapara Chhattisgarh ... Applicant versus The State of Chhattisgarh Through - SHO, Thana- Lawan, District – Balodabazar-Bhatapara, Chhattisgarh. ... Non-applicant For Applicant : Mr. Samir Singh, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.04.2025 1. This is the First Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 84/2025, registered at Police Station : Lawan, District – Balodabazar- Bhatapara, (C.G.) for the offence punishable under Sections 331(6), 332(B), 64 and 351(3) of Bhartiya Nyaya Sanhita. 2. Prosecution story in a nutshell is that the victim has lodge the written report at Police Station on 19.02.2025 with the averment RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 that, on last night, the present applicant inter to her house and committed sexual intercourse with her and run away, therefore on the basis of his report Police registered the offence against the applicant. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case by the complainant, who is a 35-year-old woman. He further submits that on the date of the alleged incident, the complainant’s brother misbehaved with the applicant’s wife, who is the newly elected Panch of the said village. As a counterblast to that incident, the present false report has been lodged by using his sister as a tool. A copy of the related complaint has been annexed as Annexure A-2. It is also submitted that due to longstanding enmity between the two families, the applicant has been falsely implicated in the case. He further submits that the applicant is in judicial custody since 20.02.2025, the charge-sheet has already been filed, and the trial is likely to take considerable time. Hence, he prays that the applicant be released on bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that perusal of the case diary goes to show that on the night of 18/02/2025, at around 09:00 PM, the victim was alone and asleep in her house after having dinner. At that time, the applicant/accused allegedly broke the latch of the door, entered the house, pressed the victim’s mouth to prevent her from making noise, and took her inside the room. He then allegedly threatened to 3 kill her if she raised an alarm, forcefully threw her onto the bed, and committed sexual intercourse with her against her will. Therefore, considering the circumstances of the case, the gravity of the crime, the bail application of the accused/applicant is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. The facts and circumstances of the case and perusal of the case diary goes to show on the night of 18/02/2025, at around 09:00 PM, the victim was alone and asleep in her house after having dinner and at that time, the applicant/accused allegedly broke the latch of the door, entered the house, covered the victim’s mouth to prevent her from making noise, and took her inside the room, further alleged that he threatened to kill her if she raised an alarm, forcefully threw her onto the bed, and committed sexual intercourse with her against her will, further upon perusal of the above-stated facts and the available documents, it appears that the applicant/accused has a previous criminal history, these facts pose a serious impediment to granting the benefit of bail to the applicant/accused, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicans – Chaman Lal Jangde, involved in Crime No. 84/2025, registered at Police Station : Lawan, District – Balodabazar-Bhatapara, (C.G.) for the offence punishable under Sections 331(6), 332(B), 64 and 351(3) of Bhartiya Nyaya Sanhita, is rejected at this stage. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan