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2025 DAILYLAW 21848 (CHH)

LAXMI PRASAD KORVA v. STATE OF CHHATTISGARH

MCRC/3804/2025 · 2025-06-11

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:23548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3804 of 2025 1 - Laxmi Prasad Korva S/o Late Akil Prasad Aged About 24 Years R/o Banekela , Police Station- Lailunga , District- Raigarh (C.G.). ... Applicant versus 1 - State of Chhattisgarh, Through: Police Station- Lailunga, District- Raigarh (C.G.). ... Respondent For Applicant : Mr. Dhirendra Prasad Mishra, Adv. For Respondent/State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 12 / 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. 178/2020 registered at Police Station – Lailunga, District – Raigarh (C.G.) for the offence punishable under Sections 363, 376 & 34 of IPC and Sections 4 & 6 of POCSO Act. Digitally signed by HEERA LAL SAHU Date: 2025.06.13 10:41:41 +0530 2 2. It is alleged that on 12.08.2020 at about 11:00 pm, the applicant called the prosecutrix to his house and took her to a hut in the Dhoraama Forest of Kerabahar village and on pretext of marriage committed rape upon her. After three days, on 15.08.2020 in the morning, when the father of the prosecutrix and Aitwar Said came to look for the prosecutrix, the applicant fled. Thereafter, report was lodged on 17.08.2020. After due investigation, the applicant was arrested on 21.02.2021. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the prosecutrix was major at the time of incident and was consenting party. He also submits that the applicant is in jail since 21.02.2021, only 7 witnesses out of 24 witnesses have been examined till date, 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 supported the case of the prosecution in her statement and FSL report is also positive, therefore, at this stage, he may not be enlarged on bail. 5. Today, the victim along with her father, appeared through video conferencing from the concerned DLSA, and on being 3 asked, they 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 and the evidence against the applicant, 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, considering the fact that only 7 witnesses out of 24 witnesses have been examined till date and the applicant is in jail since 21.02.2021, it is an exceptional case, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period of 4 months from today. 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