Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24661
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4180 of 2025 1 - Kishan Rajak Urf Dau S/o Ramesh Rajak Aged About 21 Years Ward No. 22, Fci Godown Singhpur Road, Pole Factory, Sahdol (M.P.) …. Applicant. versus 1 - State of Chhattisgarh through Police Station Balco- Nagar, District Korba (C.G.)
... Respondent For the applicant : Mr. Akash Ahuja, Advocate For the State : Ms. Pragya Shrivastava, Dy.G.A.
(Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 16/06/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 697/2024 registered at Police Station Balco-Nagar, District Korba, Chhattisgarh, for the offences under Section 376 IPC and Section 6 of the POCSO Act.
2. The prosecution story is that the victim has filed a written report alleging that the accused had established physical relations with her and in between 09.11.2021 and 31.12.2023 on the pretext of marriage he forcibly committed sexual intercourse at different places and when A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.18 16:05:17 +0530
2 she insisted upon marriage, he abused her and threatened to defame her by posting her obscene photos on social media.
3.
Learned counsel for the applicant submits that there is no direct evidence against the applicant to connect the applicant with the crime in question and no prima facie case is made out against him for the offence u/s 376 IPC and section 4 & 6 of the POCSO Act. He further submits that the prosecutrix and her mother have been examined and the applicant has not been identified as accused. His further submission is that till date out of 11 witnesses, only 2 have been examined and there is no immediate possibility of disposal of trial. He submits that the applicant is in jail since 18.12.2024 and looking to his period of custody, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that the victim was minor girl and she was subjected to sexual intercourse by the applicant on allurement of marriage.
5. The victim along with her mother has appeared through VC from DLSA, Korba and has not raised any objection to grant bail to the applicant.
6. Having considered the submissions made by learned counsel for the parties and looking to the nature of allegations, I am not inclined to release him on regular bail, at this stage. 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 early as possible. Sd/-
(Sanjay Kumar Jaiswal) Judge Rao