Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:12926 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 285 of 2025 Anirudh Singh Rajput S/o Ganesh Prasad Rathore Aged About 28 Years R/o Smart City Road, Opposite Forest Office, H. No. 1/3, P.S. Civil Line, Tah And Distt. Bilaspur, C.G.
... Applicant(s) versus State of Chhattisgarh Through P.S. Civil Line, Distt. Bilaspur, C.G.. --- Respondent For Applicant : Mr. Raj Kumar Gupta, Advocate. For Respondent/State : Ms. Pragya Shrivastava, Dy. GA.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 18/03/2025
1. This is second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.769/2022, registered at PS -Civil Line, Distt. Bilaspur, C.G, for commission of offence punishable under Sections 376(2)(M) of IPC, Section 4 & 6 of the POCSO Act, Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act and Section 67(A) of IT Act.
2. First bail application of the applicant was dismissed on merits vide order dated 02.01.2024 in MCRC No.7268/2023.
3. Case of prosecution, in brief, is that a report was lodged by father of victim alleging that applicant by alluring the victim committed forceful
2 sexual intercourse with her knowing well that she is member of scheduled caste community. It is also alleged that applicant also made video of victim and threatened her to make it viral, based upon which, aforementioned crime was registered and applicant was arrested.
4. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. As per medical report, no internal or external injury has been found on the body of the victim, though there is allegation against the applicant of committing forceful sexual intercourse with victim. There is no any other criminal antecedent against the applicant. Applicant is in jail since 21.09.2022, conclusion of trial may take some time, hence, applicant may be released on bail.
5. Per contra, learned State Counsel opposes the bail application of the applicant and submits that there is specific allegation against the applicant of committing the aforementioned offence/crime with minor victim aged about 13 years, hence, he is not entitled for grant of bail.
6. Heard learned counsel for the parties.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, the fact that first bail application of the applicant was dismissed on merits vide order dated 02.01.2024 in MCRC No.7268/2023, further considering that there is no change in circumstances in this case, I am not inclined to allow this bail application.
8. Accordingly, bail application is hereby rejected. CC as per rules.
Sd/- (Arvind Kumar Verma)
Judge J/-