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2025 DAILYLAW 56740 (CHH)

DILIP KUMAR NAG v. STATE OF CHHATTISGARH

MCRC/6633/2025 · 2025-08-21

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Judgment text

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1 2025:CGHC:42710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6633 of 2025 • Dilip Kumar Nag, S/o Maniram Nag, Aged About 26 Years, Caste Mangan, R/o Sautnar Kachirras Para, Thana Tongpal, District Sukma (C.G.). ... Applicant versus • State Of Chhattisgarh, Through P.S. Badanji, District Bastar (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Vikash A. Shrivastava, Advocate. For State/Non-applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.23/2025 registered at Police Station Badanji, District Bastar (C.G.), for the offence punishable under Sections 64, 64(2)(m) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 06.06.2025 prosecutrix/victim lodged a written complaint at Police Station Badanji, District Bastar (C.G.) that in the 2021 her engagement has been done DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 with present applicant. Applicant made physical relation with the prosecutrix/victim by saying that soon they will get marry, but when she got pregnant, applicant gave local medicine to terminate her pregnancy, denied for the marriage and fled away from there along with another girl. Thereafter, FIR was lodged and applicant was arrested during the course of investigation. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in crime in question. He further submits that prosecutrix/victim is major lady, who is a consenting party and they have made the physical relation with their own consent. It is further submitted that there is a dispute between the family member of applicant and prosecutrix/victim regarding the marriage. It is further submitted that there is no evidence to show that because of the relation between the applicant and prosecutrix/victim, she became pregnant, it is only a mere statement. It is further submitted that the applicant is in jail since 22.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that statement of prosecutrix/victim has also been recorded under Section 183 of B.N.S.S, 2023, wherein she admitted the fact that present applicant betrayed her and made physical relation with her. As such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the fact that applicant has established physical relation since 2021 with the prosecutrix/victim, who is a major girl and a consenting party also. Further considering the fact that prosecutrix/victim became pregnant and the applicant fled away with another girl, which is also recorded in her statement under Section 183 of B.N.S.S., 2023. It is also argued by the counsel for the applicant submits that there is no evidence to show that because of the relation between the applicant and prosecutrix, she became pregnant. It is only a mere statement. Considering the conduct of the present applicant that he betrayed the prosecutrix/victim and fled away with another girl goes to show that he did not have any intention to marry her, I am not inclined to allow the bail application of the applicant. 7. Accordingly, the bail application of the Applicant – Dilip Kumar Nag, involved in Crime No.23/2025 registered at Police Station Badanji, District Bastar (C.G.), for the offence punishable under Sections 64, 64(2)(m) of Bhartiya Nyay Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice