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2025 DAILYLAW 33952 (CHH)

DEEPAK KUMAR RANA v. STATE OF CHHATTISGARH

MCRC/5583/2025 · 2025-07-15

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Judgment text

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1 2025:CGHC:33478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5583 of 2025 Deepak Kumar Rana S/o Laxman Rana, Aged About 32 Years R/o Chirpurpal, P.S. Chhindgarh District Sukma Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chhindgarh, District Sukma Chhattisgarh ... Non-applicant For Applicant : Ms. Sangeeta Soni, Advocate For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 07/2025 registered at Police Station – Chhindgarh, District - Sukma (C.G.), for the offence punishable under Sections 64, 332(b), 351(1), of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in briefly, is that the complainant has made written complaint to concerned police station that the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.17 11:04:13 +0530 2 applicant has again and again committed sexual intercourse with the victim at several place in several times. Based upon the such complaint, the police has registered the offence punishable under section 64, 332(b), 351(1) of the B.N.S. against the present applicant. 3. The applicant is innocent and has been falsely implicated in the present case, as no offence has been committed by him as alleged. The prosecutrix was in a consensual relationship with the applicant and never raised any objection or alarm at the time of the alleged incident, clearly indicating that the allegations are an afterthought. The prosecution has concocted a false and baseless story to implicate the applicant, despite the absence of any credible evidence. The investigation is already complete, and the charge sheet has been filed before the competent court, while the trial is likely to take considerable time to conclude. The applicant has been in custody for a prolonged period, which is causing severe hardship and negatively impacting his future and the livelihood of his dependent family members. Considering the material on record does not establish a prima facie case against him and there is no risk of absconding, the applicant respectfully prays for bail, undertaking to furnish adequate surety and comply with any conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the applicant/accused forcibly established a physical relationship with 3 the victim and threatened to kill her if she disclosed the incident, therefore, the bail application of the present applicant is entitled to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and further the fact that the applicant/accused forcibly established a physical relationship with the victim and threatened to kill her if she disclosed about the incident, furthermore, the applicant/accused allegedly committed physical assault with her resulting which she got pregnant which is apparent from her MLC report, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Deepak Kumar Rana, involved in Crime No. 07/2025 registered at Police Station – Chhindgarh, District - Sukma (C.G.), for the offence punishable under Sections 64, 332(b), 351(1), of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. 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 vaibhav