PURUSHOTTAM PATEL @ AJAY PATEL v. STATE OF CHHATTISGARH
MCRC/7708/2025 · 2025-10-30
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58074 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58074 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:53410
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7708 of 2025 1 - Purushottam Patel @ Ajay Patel S/o Bhagirathi Patel Aged About 45 Years R/o Village Dabaripara, Hardibazar, P.S. Hardibazar, Distt. Korba, Chhattisgarh. 2 - Dauram Maravi S/o Gokul Singh Maravi Aged About 45 Years R/o Village Chorha, Bhelwadongari, P.S. Hardibazar, Distt. Korba, Chhattisgarh.
... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Hardibazar, Distt. Korba, Chhattisgarh.
... Respondent For Applicants : Shri Ajay Kumar Chandra, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 31/10/2025
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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.03 10:46:13 +0530
2 bail to the applicants who have been arrested in connection with Crime No.82/2025 registered at Police Station Hardibazar, District Korba (C.G.) for the offence punishable under Sections 70 (1) & 351 (2) of Bhartiya Nyaya Sanhita.
2. Case of the prosecution, in brief, is that on 04-04-2025, the present applicants have given lift to the prosecutrix and thereafter taken to the house of one Ajay Patel and made sexual intercourse with her one by one and also threatened the prosecutrix that if the matter is disclosed to any one, they will kill her. Therefore, crime has been registered as mentioned above and filed the charge sheet before the concerned Court.
3.
Learned counsel for the applicants submitted that the applicants are the labourers and the victim too was a labourer and there was some dispute between them, on account of which, the applicants have been falsely implicated in this case. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 01/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants.
4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case. She would further submit that as per 183 BNSS statement of the victim goes to show that the applicants have committed repeated rape on the victim who was a married woman and was deserted by her husband. It is stated that the two daughters of the victim was also sent to Pune by the applicants and as their whereabouts were not known to her, she has lodged missing report to this respect. Therefore, the applicants are
3 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, further the affidavit filed by the Superintendent of Police goes to show that the statement of the victim under Section 183 BNSS was recorded wherein she has categorically levelled allegation of rape against the applicants and further the fact that she has also lodged a missing report regarding her two daughters being missing and they have been sent to Pune by the applicants, therefore considering the nature of allegation levelled against the applicants, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail.
7. Accordingly, the bail application of applicants Purushottam Patel @ Ajay Patel & Dauram Maravi, involved in Crime No.82/2025 registered at Police Station Hardibazar, District Korba (C.G.) for the offence punishable under Sections 70 (1) & 351 (2) of Bhartiya Nyaya Sanhita, 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