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2025 DAILYLAW 49913 (CHH)

DURGESH KUMAR DHRUW v. STATE OF CHHATTISGARH

MCRC/7378/2025 · 2025-09-14

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Judgment text

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1 2025:CGHC:47316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7378 of 2025 Durgesh Kumar Dhruw S/o Panch Ram Dhruw, Aged About 28 Years R/o Village Rajankatthi, Police Station Fingeshwar, District Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Fingeshwar, District Gariyaband (C.G.) ... Respondent For Applicant : Shri Lukesh Kumar Mishra, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/09/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.56/2025 registered at Police Station Fingeshwar, District Gariyaband C.G. for the offence punishable under Sections GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.16 16:57:07 +0530 2 331(2), 64(2) and 351(3) of BNS. 2. Case of the prosecution, in brief, is that father of the prosecutrix lodged a written complaint before the concerned PS stating that on 26/02/2025 at about 12 AM the applicant trespassed her house and had committed forcible intercourse with her, adhering to which a FIR bearing Crime No. 56/2025 under aforementioned sections were registered against the applicant and the applicant was arrested on 28/02/2025. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application was rejected by this Court on merits vide order dated 08/05/2025 in MCRC No.3583/2025. He would submit that after examination of the prosecutrix not a single witness has been examined before the trial court. He would further submit that the applicant is in jail since 28/02/2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 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. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application was rejected by this Court on merits vide order dated 08/05/2025 in MCRC No.3583/2025. Only ground which has been raised in this 3 second bail application is that after examination of the prosecutrix not a single witness has been examined before the trial court which cannot be a ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant-Durgesh Kumar Dhruw, involved in Crime No.56/2025 registered at Police Station Fingeshwar, District Gariyaband C.G. for the offence punishable under Sections 331(2), 64(2) and 351(3) of BNS is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri