Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:80
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5883 of 2024 1 - Bhanupratap Singh, S/o Shri Devlal Singh Aged About 27 Years R/o Shivpur Darripara, Police Station Khadgaon, District- Korea, Chhattisgarh.
... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Khadgaon, District- Korea, Chhattisgarh.
... Respondent(s) For Applicant(s) : Shri Shivam Agrawal, Advocate. For the State : Ms. Avline Juneja, P.L. Hon’ble Shri Justice Arvind Kumar Verma
Order on Board 02/01/2025
1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.135/2024 registered at Police Station Khadgoan, District Korea (C.G.) for the offence punishable under Sections 376, 506, 450 of IPC and Sections 4 of POCSO Act.
2. The case of the prosecution is that on 03.06.2024 at 12.00 noon, when the victim was alone in the house, the applicant/accused entered the house, threw her on the floor, pressed her mouth with one hand, removed her underwear with the other hand and raped her forcefully. Then the victim left her mouth and screamed for her aunt. Hearing her voice, her aunt who had gone to the neighbourhood came after hearing NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.08 11:08:37 +0530
2 her voice and started scolding the applicant/accused and saying to the victim that if she tells her brother about the incident, he would burn her to death.
3. Learned counsel for the applicant submits that victim was major lady, charge-sheet has been filed, no external or internal injury was found on the body of the victim, hence he prays for release of bail to the applicant.
4. On 27/09/2024 victim along with her brother has appeared before this Court through video conferencing and raised objection in releasing the applicant on bail.
5. Learned counsel for the State opposes the submission made by
learned counsel for the applicant and submits that age of the victim is only 16 years 1 month and the case is forcible rape. Hence, he is not entitled for grant of bail.
6. Heard learned counsel for both the parties.
7. Considering the nature and gravity of offence leveled against the applicant, particularly that applicant entered the house and forcefully rape with her and prosecutrix is 16 years and 1 month has been sexually assaulted by the applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
8. Accordingly, the bail application of the applicant Bhanupratap Singh filed under Section 483 of BNSS involved in Crime No. 135/2024 registered at Police Station Khadgoan, District Korea (C.G.) for the offence punishable under Sections 376, 506, 450 of IPC and Sections 4 of POCSO Act, is rejected. Sd/-
(Arvind Kumar Verma)
JUDGE