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2025 DAILYLAW 35000 (CHH)

BAJRANG ALIYAS BABU JAISWAL v. STATE OF CHHATTISGARH

MCRC/5638/2025 · 2025-07-17

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Judgment text

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1 2025:CGHC:34064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5638 of 2025 Bajrang Aliyas Babu Jaiswal S/o Dadhibal Jaiswal Aged About 25 Years R/o Mauhapali, Thana - Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Station - City Kotwali Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.07.2025 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. 184/2025, registered at Police Station City Kotwali Sarangarh, District Sarangarh-Bilaigarh (CG) for the offence punishable under Sections 64(2)(M), 351(2) of Bharatiya 2 Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that the applicant allegedly engaged in sexual intercourse with the victim on multiple occasions on 26.04.2021, in various hotels near Madhyanagari Chowk in Bilaspur, Chhattisgarh, in 2022, and in 2024, when the applicant visited the victim’s house at night. The most recent incident reportedly occurred on 25.02.2025, when the applicant allegedly committed sexual intercourse against the vcitim’s will, recorded a video, and threatened to make it public. The applicant purportedly showed the video to the victim, which led to the termination of her marriage. Consequently, the victim lodged a report on April 25, 2025, under Sections 64(2)(M) and 351(2) of the Bharatiya Nyaya Sanhita (BNS). 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 the medical report of the victim does not show any internal or external injury and no definite opinion can be given of recent sexual intercourse. He also submits that victim is a major lady, she has been acquainted with the applicant for the last four years and she herself had gone with the applicant to numerous locations. The applicant is in jail since 26.04.2025 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 3 application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant had established physical relationship with the victim multiple times in multiple locations, the applicant recorded her obscene video, which he used to threaten her by making it public, which led to the termination of her marriage, therefore, the applicant 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 on multiple locations, recorded her obscene video and threaten her to make it public, which led to the termination of her marriage, the said fact is stated by the victim in her statement recorded under Section 183 of BNSS, 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 - Bajrang Aliyas Babu Jaiswal, involved in Crime No. 184/2025, registered at Police Station City Kotwali Sarangarh, District Sarangarh- Bilaigarh (CG) for the offence punishable under Sections 64(2) (M), 351(2) of BNS, is rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil