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2025 DAILYLAW 40722 (CHH)

ROHAN SINGH v. STATE OF CHHATTISGARH

MCRC/6756/2025 · 2025-10-05

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6756 of 2025 1 - Rohan Singh S/o Santosh Singh Aged About 21 Years R/o Ward No. 10, Modi Chauk-Champa, Police Station- Champa, District- Janjgir-Champa (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through - The Station House Officer, Police Station- Champa, District- Janjgir-Champa (C.G.). ... Respondent(s) For Applicant : Shri Parasmani Shrivas, Advocate. For Respondent : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 06.10.2025 1. This is first bail application seeking grant of bail to the Applicant who is in jail since 15.05.2025 in connection with Crime No.203/2025 registered at Police Station Champa, District Janjgir Champa for the offence punishable under Sections 137(2), 351(2), 64(2)(m) of BNS 2023 and Section 4 & 6 of POCSO Act. 2. As per prosecution case, on 14.05.2025 the mother of victim lodged a report to the police that on 14.05.2025 when she had taken her minor daughter to District Hospital, Janjgir for her treatment, she informed that in between 26.02.2025 to 04.03.2025 the applicant kidnapped her and committed rape upon her in his house by which she conceived pregnancy. The applicant threatened her not to disclose about the 2 incident otherwise she will face dire consequence. The police registered the offence under the aforesaid offences and started investigation. The applicant was arrested on 15.05.2025 and charge sheet was filed. 3. Learned Counsel for the applicant would submit that the applicant has been falsely implicated in the offence. There is no cogent evidence with respect to age of victim. She was in love affair with the applicant and herself eloped with the applicant and engaged in making consensual physical relationship with him. Earlier also a report of Crime No.390/2024 was registered at Police Station Champa for the offence under Sections 137(2), 96, 64(2)(m) and 67(A) of BNS, 2023 and Section 4 & 6 of POCSO Act in which the applicant was enlarged on bail by the coordinate Bench of this court vide order dated 07.01.2025 in MCrC No.8377 of 2024. The victim again eloped with the applicant and engaged in making physical relation with the applicant by which she conceived, however, her mother lodged a report that she was subjected to rape by the applicant and the present offence has been registered in which the applicant has been arrested. Therefore, the applicant may be released on bail as final adjudication may take sometime. 4. On the other hand the counsel for the State opposes the bail application. 5. Without commenting on merits, considering the totality of the facts and circumstances of the case, 183 BNSS statement of the victim, the fact that earlier also another FIR of Crime No.390 of 2024 was registered against the applicant by the same victim in which the applicant was 3 granted bail vide order dated 07.01.2025 and also considering the material collected during investigation, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail. 6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial Court, unless exempted from personal appearance by the said Court. 7. It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove. Sd/- (Ravindra Kumar Agrawal) Judge inder