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2025 DAILYLAW 27987 (CHH)

BASANT LAHARE v. STATE OF CHHATTISGARH

MCRC/4768/2025 · 2025-07-13

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:32805 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4768 of 2025 Basant Lahare S/o. Amrit Lal Lahare Aged About 35 Years R/o. Village - Kotmisonar, Police Station - Akaltara, District - Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Akaltara, District - Janjgir-Champa (C.G.) ... Respondent For Petitioner : Ms. Reema Dubey, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 14.07.2025 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. 506/2024 registered at Police Station Akaltara,District Janjgir Champa (CG) for the offences under Sections 126(2) & 74 of B.N.S. and Section 12 of the Protection of Children from Sexual Offences Act. 2. The prosecution case is that the victim had lodged a report that she is resident of Kotmi Sonar and works as daily wage labourer and when she was returning home after doing road work in village Peeparsatti, the applicant blocked her way and said that her brother had raped his A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.16 10:59:23 +0530 2 daughter, so he will do the same with her and caught hold of her hand with an intention to outrage her modesty. 3. Learned counsel for the applicant submits that earlier to this incident, the brother of victim was accused of committing rape with the daughter of applicant and in that offence her brother was already in jail, therefore in wreaking vengeance against the applicant, he has been falsely implicated in this case. He submits that the applicant is in jail since 24.10.2024; there are total 15 witnesses out of which the victim and her father have been examined and there is no immediate possibility of disposal of the case, therefore, looking to the custody of the applicant, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application. 5. The victim along with her mother is present in person and recorded no-objection to grant bail. 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, without observing anything on merits of the case, I am inclined to release the applicant on bail. 7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao