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2025 DAILYLAW 47629 (CHH)

GODRO DEWAR v. STATE OF CHHATTISGARH

MCRC/8908/2025 · 2025-11-06

body2025

Judgment text

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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8908 of 2025 Godro Dewar S/o Panchram Dewar Aged About 55 Years R/o Mauharbhantha, Ward No. 02, In Front Of Degree College Sarangarh, P.S. Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Vikram Pratap, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.11.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.584/2024, registered at Police Station : Sarangarh District – Sarangarh - Bilaigarh (C.G) for the offence punishable under Section 70(1) of BNS. 2. The earlier bail application of the applicant being MCRC No. 3154 of 2025 was rejected by this Court vide order dated 24.04.2025 on merits. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 18:09:24 +0530 3. The prosecution story in brief is that, on 09.08.2024 at 11.00 p.m. the applicant/accused along with other children in conflict with the law bit the private parts of the 45 year old female complainant with their teeth and dragged her into the mud of a field and raped the complainant/victim. 4. The applicant submits that he is innocent and has been falsely implicated in the present case. He further submits that the prosecutrix is engaged in arranging marriages of women through the Chudi Pratha system, for which she is neither authorized nor licensed, thereby making her conduct and credibility doubtful. It is further submitted that in paragraph No.10 of her own statement, the prosecutrix has admitted that she had earlier lodged FIRs against three other persons and later settled those matters after receiving money from them, and she also stated that if the applicant had paid her Rs.60,000/- in the present case, she would not have lodged the FIR. This clearly indicates that the present case has been filed with the motive of extortion and to obtain illegal monetary gain. The applicant has neither committed nor participated in any such act that may constitute any of the alleged offences. The evidence collected by the prosecution is also not prima facie sufficient to hold the applicant guilty of the alleged offences. The applicant is in custody since 10.08.2024, and the charge sheet has already been filed; therefore, considering his long detention, the applicant prays for the grant of regular bail, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, the learned State Counsel opposes the bail application and submits that it is a case of gang rape, wherein the victim, aged about 45 years, was subjected to rape and sustained injuries on her person, therefore, the applicant is not entitled to the grant of regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature of allegation and the fact that the applicant along with other four accused who were juvenile committed gang rape with the victim aged about 45 years and she suffered injuries on her person, also considering the fact that bail application of all the four juveniles in criminal revision have been rejected by coordinate bench of this Court, as such, no new ground has been raised, and further, keeping in view the seriousness of the allegations against the applicant, no new ground has been raised and considering the seriousness of the allegations levelled against the present applicant, this Court is of the considered opinion that the second bail application of the applicant is entitled to be rejected. 8. Accordingly, the second bail application of the applicant namely, Godro Dewar, involved in Crime No.584/2024, registered at Police Station : Sarangarh District – Sarangarh - Bilaigarh (C.G) for the offence punishable under Section 70(1) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav