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2025 DAILYLAW 29672 (CHH)

RAHUL SINGH RAJPUT v. STATE OF CHHATTISGARH

MCRC/4809/2025 · 2025-07-13

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:32803 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4809 of 2025 Rahul Singh Rajput S/o Ranjan Singh Rajput Aged About 24 Years R/o Ward No. 9, Behrapara, Dharamjaigarh, P.S. Dharamjaigarh, District Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh through S.H.O. Police Station- Dharamjaigarh, District Raigarh, Chhattisgarh. ... Respondent For the applicant : Mr. Ashutosh Mishra, Advocate For the State : 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 16/2023 registered at Police Station Dharamjaigarh, District Raigarh (CG) for the offences under Sections 363, 366(A), 376 IPC and sections 4 & 6 of the POCSO Act. 2. The prosecution story in brief is that the victim girl came to be acquainted with the accused when she was studying in Class VIII. In June 2022, the accused took the victim to his rented house and had physical relations with her. Thereafter on 14.01.2023, the accused took away the girl to Raipur on the pretext of marriage and further took her to Navi Mumbai where she was kept for three months. It is A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.17 14:54:34 +0530 2 alleged that during this period, the applicant committed forcible sexual intercourse with the victim several times in Raipur and Navi Maumbai. 3. Learned counsel for the applicant submits that the prosecutrix had voluntarily accompanied and visited with him from one place to another and she was consenting party. He further submits that although the prosecutrix is stated to be a minor girl, yet her correct age has not been collected by the prosecution. He submits that the applicant is in jail since 20.04.2023 and till date, out of 24 witnesses, only 5 have been examined and there is delay in disposal of trial, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the girl was minor and the applicant took her away from the lawful custody of her parents on the pretext of marriage and committed forcible sexual intercourse. 5. The victim girl along with her father appeared through VC from the concerned DLSA and objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release the applicant on bail at this stage. Accordingly, the bail application is rejected. 7. However, looking to the long custody period of the applicant, the trial Court is directed to expedite the trial and ensure that the trial is completed as early as possible within a period of 4 months from the date of receipt of copy of this order. Sd/- (Sanjay Kumar Jaiswal) Judge Rao