Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 30310 (CHH)

NANHU RAM v. STATE OF CHHATTISGARH

MCRC/4990/2025 · 2025-07-13

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:32807 HIGH COURT OF CHHATTISGARH AT BILASPUR M CRC No. 4990 of 2025 Nanhu Ram S/o Thethali Ram Aged About 23 Years R/o Village Khonga, P.S. Asta, District Jashpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh through the Station House Police Station Balrampur, District Balrampur-Ramanujganj, Chhattisgarh. ... Respondent For the applicant : Mr. A. N. Pandey, Advocate For the State : Mr. K.K. Baharani, 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 14/2025 registered at Police Station Balrampur District Balrampur- Ramanujganj (CG) for the offences under Sections 64(2)(m) of Bhartiya Nyaya Sanhita and U/s 6 of Protection of Children from Sexual Offences Act, 2012. 2. The prosecution story is that on 22.03.2024 the applicant had committed forcible sexual intercourse with the victim girl when her parents had gone outside the village on some work. Thereafter, in April-May, 2024, when the victim being a relative went to the applicant’s house as a guest the applicant had committed sexual intercourse with her and due to repeated physical relations, the victim became pregnant and gave birth to a A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.17 14:54:56 +0530 2 child on 21.1.2025. Thereafter, the victim’s mother lodged a report on the basis of which, the applicant was arrested. 3. Learned counsel for the applicant submits that there was love affairs between the victim and applicant and she had voluntarily joined the physical relations with the applicant, therefore, she was a consenting party. He further submits that though the victim is stated to be a minor, yet the evidence of her correct age has not been collected by the prosecution. He submits that the applicant is in jail since 08.02.2025 and till date out of 6 witnesses, the victim girl and her mother have been examined and there is no immediate possibility of disposal of the case, 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 victim was minor and the applicant had committed forcible sexual intercourse, due to which, she became pregnant and gave birth to a child. 5. The victim girl along with her mother appeared through VC from the concerned DLSA and recorded no objection 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 him on regular bail at this stage. Accordingly, the bail application is rejected. 7. However, the trial Court is directed to expedite the trial and ensure that the trial is completed as early as possible. 8. Office is directed to send a copy of this order to the concerned trial Court for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao