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2025:CGHC:9476
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 342 of 2025 1 - Rahul Sahu S/o Shri Pardeshi Sahu Aged About 19 Years R/o Village Mirgi, P.S. Bhatapara (Gramin), District Baloda Bazar Bhatapara Chhattisgarh.
... Applicant versus 1 - State of Chhattisgarh Through Police Station Bhatapara (Gramin), District Baloda Bazar Bhatapara Chhattisgarh.
... Respondent For Applicant : Mr. Manoj Kumar Sinha, Advocate For State /Respondent : Mr. Karan Bahrani, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 24/02/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 30/05/2024 in connection with Crime No. 279/2024, registered at Police Station Bhatapara (Gramin), District Baloda Bazar Bhatapara, C.G. for the offence punishable under Sections 450, 506, 376 (3) of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
2. The case of the prosecution in brief is that the brother of the prosecutrix lodged the report on 29/05/2024 in the police station alleging therein that while his sister was alone in the house at that time at about 8.30 PM in ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.04 13:03:54 +0530
2 / 2 the night when he returned his home and knocked the door the door was not opened then his friend entered in the house from the backside of the house and found that the applicant was doing sexual assault along with his sister. Thereafter, on the basis of the report, the applicant was arrested.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case as he has not committed any sexual intercourse with the prosecutrix. He would next contend that the applicant has not entered in the house of the prosecutrix with intention to commit rape. He would lastly contend that the applicant is a young boy aged about 19 years and he is in jail since 30/05/2024, therefore, he may be enlarged on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail.
5. The prosecutrix along with her father appeared in person before this Court and she raised objection with regard to grant of bail to the applicant.
6. I have heard learned counsel for the parties and perused the documents.
7. Looking to the seriousness of the offence and particularly the age of the victim as she was 15 Years & 04 Months on the date of incident and it is a case of forceful rape after entering in the house of the victim, I am not inclined to release the applicant on bail.
8. Accordingly, the bail application is rejected.
SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu