Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51532
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8289 of 2025 Rajveer Singh S/o Late Rambichare Singh Aged About 29 Years R/o Village Begaridand, Police Station Chandani, District Surajpur (C.G.)
... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Chandani, District Surajpur (C.G.) ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Shri Hariom Rai, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 15/10/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.32/2025 registered at Police Station Chandani, District Surajpur (C.G.) for the offence punishable under Section 376 (2) n of Indian Penal Code.
2. Case of the prosecution, in brief, is that on the basis of written report GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.16 14:39:40 +0530
2 lodged by the victim, the police of Police Station Chandani, District Surajpur registered the offence under Section 376 (2) (n) of IPC and as per the averment of the written report of victim, it is alleged that the applicant is the brother-in-law of her sister and the applicant like her and on the pretext of marriage, the applicant on 07-05-2023, came to the house of victim and took the victim along with him to the village, where the applicant used to resides. It is further alleged that the applicant established physical relationship with the victim on 07-05- 2023 and on 08-05-2023, the applicant dropped the victim to her house and thereafter the applicant frequently used to come to the house of victim and continuously established physical relationship with her. In the month of December 2023, the applicant took the victim to the village where the applicant resides and established physical relationship with her on account of which the victim became pregnant and gave the birth of child on 08-11-2024 and subsequently the applicant refused to marry with the victim.
3.
Learned counsel for the applicant submitted that the victim being a major girl had established physical relation with the applicant and stated that the said relationship was established by the applicant on the pretext of marriage and she became pregnant and she has also delivered a child. It is further submitted that the child has been born and the applicant happens to be his biological father. He would submit that charge sheet has been filed, the applicant is in jail since 09/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
3 and he would submit that charge sheet has been filed in this case. He would submit that though there was consensual relationship between them but it was on the pretext of marriage and the child has been born and the applicant happens to be the biological father of the child and the applicant has left the victim and his child and he is not accepting them, therefore applicant is not entitled to be released on bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, considering the fact that though there was consensual relationship between the applicant and the victim but it was on the pretext of marriage and the child has been born and the applicant happens to be the biological father of the child and the applicant has left the victim and his child and he is not accepting them, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
7. Accordingly, the bail application of applicant Rajveer Singh involved in Crime No.32/2025 registered at Police Station Chandani, District Surajpur (C.G.) for the offence punishable under Section 376 (2) n of Indian Penal Code is rejected.
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.
- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE gouri