Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30186
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5166 of 2025 • Sukshan Suryavanshi S/o Chandrika Suryavanshi Aged About 38 Years (Wrongly Mentioned As Sukshan Suryavanshi In The Annexure A- 1), R/o Uchchabhatthi, Awaspara, P.S. Seepat District Bilaspur Chhattisgarh
... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Seepat, District Bilaspur (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Seema Singh, Advocate For Respondent : Mr. Amit Verma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 03.07.2025
1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.193/2024 registered at Police Station – Seepat, District – Bilaspur (C.G.) for the offence punishable under Section 376, 450, 506 of IPC.
2. The case of the prosecution, in brief, is that the complainant has lodged report to concerned police station Seepat with intend that VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA
2 at the time of incident the applicant has committed sexual intercourse with her and threatened to commit murder if disclosing about the incident. Based upon such complaint of the complainant, police has registered the offence punishable under section 376, 450, 506 of I.P.C. at crime no. 193/2024 against the applicant.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that the mother of the applicant has murdered by the Ravi Suryanvanshi and FIR has been registered against the him and the prosecution have deliberately intentionally for examination of Khamhan (Ravi Suryanshi’s uncle) in this false case registered against the false case. He further submits that victim is very old lady of 60 years, whereas the applicant is innocent person of 38 years and he has not committed sexual intercourse with her. He also submits that the present applicant is in jail since 09.04.2024 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant.
4. On the other hand, learned State counsel, opposes the bail application and submits that victim is a old lady aged about 60 years and subjected to rape by the applicant and as per the statement of Dr. R.Bhavna (PW-5), it transpires from paragraph No.6, victim was suffered injuries on her private part. Thus, the bail application deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case diary.
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6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it transpires that victim is a old lady aged about 60 years and subjected to rape by the applicant and as per the statement of Dr. R.Bhavna (PW-5), it transpires from paragraph No.6, victim was suffered injuries on her private part, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.
7. Accordingly, this first bail application of applicant – Sukshan Suryavanshi, involved in Crime No. 193/2024 registered at Police Station – Seepat, District – Bilaspur (C.G.) for the offence punishable under Section 376, 450, 506 of IPC is rejected at this stage.
8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali