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2025 DAILYLAW 20576 (CHH)

RITESH MARKAM @ RITU v. STATE OF CHHATTISGARH

MCRC/3484/2025 · 2025-06-11

Shri Sanjay Kumar Jaiswal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:23545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3484 of 2025 Ritesh Markam @ Ritu S/o Sonadhar Markam Aged About 25 Years R/o Village Pasangi, Plotpara, P.S. Farasgaon, District Kondagaon, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Farasgaon, District Kondagaon, Chhattisgarh. .. Respondent For Applicant : Mr. Shobhit Koshta, Advocate For Respondent(s) : Ms. Sunita Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 12/06/2025 1. The victim appeared through virtual mode before this Court today from concerned DLSA and recorded her no objection in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.13 10:57:05 +0530 2 as he is arrested in connection with crime No. 6/2025, registered at Police Station – Farasgaon, District- Kondagaon (C.G.) for offence punishable under Sections 376 (2)(n) of the IPC, U/s 331 (4), 324 (4), 351 (2), 127 (2), 296, 332 (B) of BNS and Sections 4 & 6 of the POCSO Act. 3. The prosecution story, in short, is that on 18.01.2025 the victim came to Farsgaon police station and lodged a written complaint that in October 2018 she had gone to worship at Gattipalna temple, where the accused Ritesh Markam also came near the temple and knowing her to be a minor, took her for a walk on the river bank at around 7:00 PM and raped her by forcibly having physical relations with her in the Laadi, thereafter whenever he found her alone, he used to have physical relations with her from time to time by threatening her by saying that he would defame her in the village. On 16.01.2025 at about 9.00 pm, the accused came to her house and raped her by having physical relations with her, saying that he would tell the villagers. And on 17.01.2025 at 7.00 pm, the accused came in front of her house, and while abusing her mother and sister in vulgar language, entered her house and threatened to kill her and beat her Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 18.01.2025, out of 23 prosecution witnesses only 3 have been examined till date and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the prosecutrix was minor, therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, nature of offence 3 and further considering that important witnesses are remain to be examined, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham