DEEPAK BANGALI @ DEEPAK DAS v. STATE OF CHHATTISGARH
MCRC/6/2025 · 2025-02-21
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46781 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46781 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9264 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6
of 2025
• Deepak Bangali @ Deepak Das S/o Dinesh Das Bangali Aged About 24 Years R/o R.D.A. Colony Sarona Behind Shitla Mandir P.S -D.D. Nagar Raipur Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer Police Station -D.D. Nagar, Raipur, District - Raipur (C.G.). --- Respondent For Applicant : Mr. AD Kuldeep, Advocate For Respondent/State : Mr. Karan Bahrani, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/02/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.388/2023, registered at PS - D.D. Nagar, Raipur District - Raipur (C.G.), for commission of offence punishable under Sections 376, 376(2)(n), 376(F) of IPC and Section 04 & 06 of the POCSO Act. 2. Case of prosecution, in brief, is that present applicant has established physical relationship with minor victim on the pretext of marriage and, thereafter refused to marry her. Based upon report lodged by father of victim, FIR was registered and applicant has been arrested in aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There was love affair between the applicant and victim, due to which, victim has not raised any alarm during course of incident. There is delay in
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lodging of FIR, which has not been explained properly by the prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 26.08.2023, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant, who is brother-in-law of minor victim (aged about 15 years and 11 months) has committed forceful sexual intercourse with her on many occasion on the pretext of marriage, due to which she become pregnant. Hence, applicant may not be released on bail. He also pointed out that victim was died due to suffering from fever. 5. Heard learned counsel for the parties. 6. Mother of victim appeared before this Court by virtual mode from the concerned DLSA and not raised any objection in granting bail to the applicant. 7.
Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that applicant, who is brother-in-law of minor victim (aged about 15 years and 11 months) has committed forceful sexual intercourse with her on many occasion on the pretext of marriage, due to which she become pregnant, further considering the evidence of victim recorded under Sections 161 & 164 of Cr.PC, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. However, looking to the detention period of applicant, trial Court concerned is directed to expedite the trial as early as possible. Sd/- (Arvind Kumar Verma)
Judge J.