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2025 DAILYLAW 42149 (CHH)

SOM BAGH @ HEMANTA v. STATE OF CHHATTISGARH

MCRC/7023/2025 · 2025-09-17

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7023 of 2025 1 - Som Bagh @ Hemanta S/o Kurudas Ghosh Aged About 22 Years R/o Village Kaigariyabara, Baidpur, P.S. Saktipur District- Murshidabad West Bengal At Present Address Shyam Nagar, Raipur P.S. Telibandha District - Raipur Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, Raipur District - Raipur (C.G.) ... Respondent(s) For Applicant (s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 18.09.2025. 1. Pursuant to the order dated 03.09.2025, the victim and her father have appeared through virtual mode from the DLSA Raipur before this Court and submitted that they have no objection in granting bail to the applicant. Their objection is taken on record. 2. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.19 11:32:54 +0530 2 bail. The applicant has been arrested on 07.01.2025 in connection with Crime No. 636/2024 registered at P.S. Civil Line, Dist- Raipur (CG) for the offence under Sections 64 (2) (M), 65 (1) of BNS and Section 06 of POCSO Act. 3. The case of the prosecution is that on 28.12.2024, the father of the victim lodge a report against the applicant that on 25.12.2024, when her minor daughter feeling abdominal pain, during treatment they came to know that she conceived pregnancy. On being asked, she disclosed that the present applicant, who is working as labourer has committed rape upon her by which she conceived pregnancy. Report has been lodged by the father of the victim in which the applicant has been arrested on 07.01.2025 and after investigation, charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant is innocent and has not committed any offence with the victim. It is only on suspicion report has been lodged against the present applicant. The victim has been examined before the learned trial Court as PW/1 and has completely turned hostile and not supported the prosecutions case. The applicant is in jail since 07.01.2025, final adjudication will take its own time, therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application and submitted that the age of the victim is about 13 years and she was found pregnant at the time when she was medically examined by the doctor. She disclosed that it is the applicant who committed rape upon her when she was working as maid servant in the vicinity and the applicant is also working as Mason in front of the house where she was working. Though, she was turn hostile but looking to the age and her medical report, 3 the applicant is not entitled for bail and bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary as well as the material annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the evidence of the age of the victim and her medical report, I am not inclined to release the applicant on bail. 8. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika