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2025 DAILYLAW 31271 (CHH)

CHETAN PAIKRA v. STATE OF CHHATTISGARH

MCRC/5373/2025 · 2025-07-09

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Judgment text

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1 2025:CGHC:32080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5373 of 2025 Chetan Paikra S/o Ayodhya Paikra Aged About 21 Years R/o Dadarkala, Police Station Urga, District Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Urga, District Korba Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Punit Ruparel, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 65/2025, registered at Police Station Urga, District Korba (CG) for the offence punishable under Section 376(2)(n) of the Indian Penal Code (IPC). 2. The prosecution story in brief, is that the victim has lodged a AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 report to the effect that about 04 years ago she had gone to village Pasrakhet for her relative's wedding, during which she was introduced to Chetan Paikra, a resident of village Dadar Kala of Police Station Urga area and had taken his mobile number from someone, then both of them used to talk. On 04.03.2021, Chetan Paikra took her on his motorcycle to village Dhelwadih to the house of his friend Hitesh Kanwar. At that time Hitesh Kanwar's family members had gone out somewhere, then Chetan Paikra had physical relations with her and said that he would marry her. Then after a few days, he again had physical relations with her against her will. Similarly, whenever Chetan Paikra got a chance, he had physical relations with her many times by saying that he would marry her. In December 2024, Chetan Pakra made her pregnant and on 20.01.2025, he brought her tablets to abort the child, due to which her health deteriorated. Then she got treatment at Shweta Hospital in Korba. Chetan Pakra, the applicant had established physical relationship with the victim multiple times on the pretext of marriage, which led to the registration of the alleged crime against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that victim is a major girl aged about 23 years, victim and applicant were acquainted to each other since 2021. He also 3 submits there was consensual relationship between applicant and victim and she was a consenting party, when their relationship could not be materialized, present FIR has been lodged by the victim against the applicant to harass him. The applicant is in jail since 13.04.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is alleged to have established physical relationship with the victim multiple times and later on refused to marry her, further the victim has made specific allegations against the applicant in her statement recorded under Section 183 of BNSS, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy it prima facie appears that the applicant is alleged to have established physical relationship with the victim multiple times and later on refused to marry her, further as per statement of victim recorded under Section 183 of BNSS, she specifically established the act of accused that in the month of December 2024, she became pregnant, about which she informed Chetan Paikra, who fed her 4 medicines to abort four times, as a result of which, she become sick and when she treated due to her deteriorating health at Shweta Hospital in Korba, she got to know that her uterus had damaged, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant - Chetan Paikra, involved in Crime No. 65/2025, registered at Police Station Urga, District Korba (CG) for the offence punishable under Section 376(2)(n) of IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conduced 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. Sd/- (Ramesh Sinha) Chief Justice Akhil