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2025 DAILYLAW 36738 (CHH)

DAGESHWAR SAHU v. STATE OF CHHATTISGARH

MCRC/6160/2025 · 2025-08-04

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1 2025:CGHC:38844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6160 of 2025 Dageshwar Sahu S/o Shobhuram Sahu Aged About 28 Years R/o Ward No. 07, Sahu Para Rajim, P.S.- Rajim, Dist. Gariyaband C.G. ... Applicant versus State Of Chhattisgarh Through P.S.- Rajim, Dist. Gariyaband C.G. ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.164/2024 registered at Police Station Rajim, District Gariyaband (C.G.) for the offence punishable under Sections 376 (2)(n) & 306 of Indian Penal code 1860. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 18:00:14 +0530 2 2. Case of the prosecution, in brief, is that on 21.04.2024 an FIR was lodged by the mother of deceased/prosecutrix alleging there and that the applicant from past five years exploiting her daughter sexually in pretext of marriage and she got pregnant. There after when she asked the applicant to marry her daughter he started making excuses and refuses to marry her, as the deceased/prosecutrix was pregnant she committed suicide on 21.04.2024 by hanging, hence the F.I.R. 3. Learned counsel for the applicant submitted that the applicant is said to have established physical relationship with the deceased on the false pretext of marriage, she became pregnant and thereafter she committed suicide as the applicant refused to marry her. He would submit that out of 23 prosecution witnesses statement of 9 witnesses have been recorded. He would submit that the applicant is in jail since 22/04/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and also considering the fact that out of 23 prosecution witnesses 3 statement of 9 witnesses have been recorded and trial is in progress, therefore, 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 Dageshwar Sahu involved in Crime No.164/2024 registered at Police Station Rajim, District Gariyaband (C.G.) for the offence punishable under Sections 376 (2)(n) & 306 of Indian Penal code 1860, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri