Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 25635 (CHH)

VIJAY @ DIGVIJAY SINGH v. STATE OF CHHATTISGARH

MCRC/4885/2025 · 2025-08-24

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:43015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4885 of 2025 1 - Vijay @ Digvijay Singh S/o Devnarayan Singh Aged About 25 Years R/o Village Paldha, Thuparpara, P.S. Pratappur, District Surajpur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Pratappur, District Surajpur Chhattisgarh ... Respondent For Applicant : Mr. Sundar Lal Sahu, Advocate For Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25.08.2025 1. The victim along with her father appeared before this Court today through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.191/2024 registered at Police Station Pratappur, District Surajpur (CG) for the offence punishable under Sections 363, Digitally signed by BHOLA NATH KHATAI Date: 2025.08.26 14:38:37 +0530 2 366, 376(2) of IPC and Section 4/6 of the 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, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. Subsequently, on report being made in this regard, the applicant was arrested on 06.07.2024. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim was a consenting party as there was a love affair between them and she went with the applicant of her own will. He submits that there are total 22 witnesses out of which the victim and her mother have been examined. He further submits that the applicant is in jail since 06.07.2024 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. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, therefore, her consent is of no relevance/consequence and 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. 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. 3 9. However, considering it to be an exceptional case as the applicant is in jail since 06.07.2024 and there are total 24 witnesses in this case out of which a few witnesses including the victim and her parents have been examined so far, the 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 the date of receipt of a copy of this order. 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