Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3728 of 2025 Khomu Nishad S/o Kunjilal Nishad Aged About 37 Years R/o Village- Katro, Chowki Machandur, Police Station Utai, Dist- Durg (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Utai, Dist- Durg (C.G.)
... Respondent For Applicant : Ms. Smita Jha, Advocate For Respondent : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 11.06.2025
1. The victim along with her mother appeared before this Court today through virtual mode from DLSA, Durg and raised objection in granting bail to the applicant. 2. Heard on the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular bail to the applicant who has been arrested in BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.13 16:51:55 +0530
2 connection with Crime No.317/2024 registered at Police Station Utai, District Durg (CG) for the offence punishable under Sections 450, 376(2)(n), 506 Part-2 of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, forcefully committed sexual intercourse with her due to which she became pregnant. Subsequently, on the report being made in this regard, the applicant was arrested on
20.10.2024. 4. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in this case. The FIR has been lodged more than seven months after the alleged incident. He submits that the applicant is in jail since 20.10.2024 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail. 5. Learned state counsel, on the other hand, opposing the bail application submits that the MLC report is positive, the victim is pregnant and after commission of offence the applicant was threatening the victim that she and her family members would have to face dire consequences if she told anyone about the incident. Therefore, considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 3
7.
Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai