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2025 DAILYLAW 58286 (CHH)

PILURAM @ PILEMAN KASHYAP v. STATE OF CHHATTISGARH

MCRC/8796/2025 · 2025-11-05

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:54280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8796 of 2025 Piluram @ Pileman Kashyap S/o Patiram Kashyap Aged About 31 Years R/o Tikradhan Schoolpara, P.S. Badanji, District- Bastar, C.G. Presently- Chiurgaon Pujaripara, P.S. Karpawand, District : Bastar(Jagdalpur), Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Bastar, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 82/2025, registered at Police Station Bastar, District : Bastar (Jagdalpur) (CG) for the offence 2 punishable under Section 64 of BNS. 2. The prosecution story in brief, is that the victim lodged a written complaint at Police Station Bastar, District Bastar (C.G.) on 28.08.2025, stating that her marriage took place in 2018 with Mangalsai, a resident of Bakawand, and she has a five-year-old son from the said marriage. After her husband’s death in 2023, she started living with her mother at her parental home. During that time, her mother was unwell and used to receive treatment and prayers at the church. When her mother recovered, church officials sent accused Peelooram @ Peelman Kashyap, a pastor, to her house for prayers once a week. In the course of visits, he asked for her mobile number and began calling her frequently, telling her that he would marry her. Believing his words, she also began talking to him. On 05.12.2024, the accused called her to Bastar, took her to Bhelwapadar forest, and despite her resistance, forcibly established physical relations with her, promising marriage. Later, when her menstrual cycle stopped, she informed the accused, who assured her that he would marry her soon. However, despite repeated requests, he kept delaying the marriage. On 08.08.2025, she gave birth to a baby girl and again asked the accused to marry her, but he refused and stopped contacting her. Based on her complaint, Crime No. 82/2025 was registered at Police Station Bastar under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to rape). The accused was arrested on 29.08.2025 and sent to judicial custody. 3 Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the victim is 26 years old widow lady and she is acquainted with the applicant since 2023, the applicant used to come to her house for prayers once a week and thereafter, established physical relationship with her, in which the applicant was a consenting party, and a child was borne from the said relationship. The applicant is in jail since 29.08.2023 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant allegedly induced the victim into a physical relationship by giving her false assurance of marriage, repeatedly exploited her sexually despite her resistance, and thereafter refused to marry her after she became pregnant and delivered a child, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it prima facie appears that the applicant allegedly induced the victim into a physical relationship 4 by giving her false assurance of marriage, repeatedly exploited her sexually despite her resistance, and thereafter refused to marry her after she became pregnant and delivered a child and the said fact is also corroborated from the statement of victim recorded under Section 183 of BNSS, hence, considering the fact that the accused, being a pastor of a church in Jagdalpur, exploited the victim for sexual purpose under the pretext of marriage, committed a serious offence, as such, without expressing any opinion on the merits of the case, 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-Piluram @ Pileman Kashyap, involved in Crime No. 82/2025, registered at Police Station Bastar, District : Bastar (Jagdalpur) (CG) for the offence punishable under Section 64 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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. Sd/- (Ramesh Sinha) Chief Justice Akhil