Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6111
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 179 of 2025 Bablu Yadav @ Khejuwa S/o Bauwa Aged About 35 Years R/o Jamdih Police Station Balrampur, District - Balrampur-Ramanujganj Chhattisgarh
... Applicant versus State of Chhattisgarh Through Police Station Balrampur, District Balrampur- Ramanujganj Chhattisgarh
... Non-Applicant For Applicant : Mr. Rohitashva Singh, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 03.02.2025 1 This first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.140/2024, registered at Police Station – Balrampur District - Balrampur- Ramanuj- gan (C.G.) for the offence punishable under Sections 64(2)(M), 351(3) of Bharatiya Nyaya Sanhita and Sections 4 and 6 of POCSO Act. 2 The prosecution case in brief, is that the complainant (Mother of the victim) made a written complaint to the police of Police Station Balrampur, District - Balrampur-Ramanujganj that on 25.08.2024 when PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.05 10:55:26 +0530
2 victim had gone to the forest to graze cow and at about 4 pm applicant committed rape with the victim and also given threat to kill her. As per the said report lodged by the mother of the victim crime was registered against the applicant. Hence, this application 3
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant is working as daily wages employee in the Forest Department and victim and her family members leaves their cattle to graze in plantation of Forest Department and when applicant raised objection, they have falsely implicated in the aforementioned crime. He further submits that the FIR was lodged after the delay of 19 days, further the applicant has no previous criminal antecedents. Hence, he prays for grant of anticipatory bail to the present applicant. 4 On the other hand, learned counsel for the State opposes the bail application and submits that when the victim had gone to the forest to graze cow, the applicant committed rape with the victim and also given threat to kill her. Therefore, he is not entitled to be granted anticipatory bail. 5 I have heard learned counsel appearing for the parties and perused material available on record. 6 Considering the facts and circumstances of the case, submissions made by the parties and from perusal of the statement of the victim recorded under Section 183 of Cr.P.C, it appears that the victim is a minor girl and also considering the allegation levelled against the present applicant, this Court deems it appropriate to reject the anticipatory bail of the present applicant. 7 Accordingly, the Anticipatory Bail application of applicant - Bablu Yadav @ Khejuwa involved in Crime No.140/2024,
3 registered at Police Station – Balrampur District - Balrampur- Ramanujgan (C.G.) for the offence punishable under Sections 64(2)(M), 351(3) of Bharatiya Nyaya Sanhita and Sections 4 and 6 of POCSO Act, is rejected. Sd/-/- Sd/- ((Ramesh Sinha)
Chief Justice
Preeti