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2025 DAILYLAW 7379 (CHH)

RAMKISHAN VERMA v. STATE OF CHHATTISGARH

MCRC/1102/2025 · 2025-03-11

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:12158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1102 of 2025 1 - Ramkishan Verma S/o Ratan Verma Aged About 27 Years R/o Village Banbod, Police Outpost Mohara, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The S.H.O., Police Station Khairagarh, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Anuj Pandey, Advocate For Respondent/State : Shri Vivek Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 11/03/2025 The applicant has filed this second bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 317/2023 registered at police station Khairagarh, District Khairagarh-Chhuikhadan-Gandai(CG) for the offence punishable under Sections 341/34, 363/34, 366A/34, 342/34, 376(2)(j)(k)/6, 34 of the POCSO Act, 2012. The earlier bail application filed on behalf of the applicant was 2 dismissed as withdrawn with liberty to repeat the prayer after examination of material witnesses on 08.05.2024 in M.Cr.C. No. 2694/2024. 2. As per prosecution case, on 09.07.2023, father of the victim lodged a report at police station Khairagarh alleging that on 08.07.2023, at about 9.00 am when had gone to work with his wife, his mother and the victim were at home and when they returned from work, the victim was not found. During search, he came to know that three persons stopped his daughter and took her in their motorcycle towards the field and thereafter the applicant committed rape on her. It is alleged that at that time the other two accused persons were keeping watch outside. Thereafter, the applicant took her to his house at village Banbod where he again committed rape on her. She narrated the incident to her parents and thereafter the report was lodged by her father against the applicant. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the victim was examined before the trial court and she did not support the prosecution case. He submits that the applicant is in jail since 09.07.2023, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 6. Heard counsel for the parties and perused the record. 3 7. On due consideration of the rival submissions, from the records it prima facie appears that there were three applicants and the present applicant had committed rape on her whereas, the other accused persons had helped in the committing the offence, therefore looking to the nature and seriousness of the offence, I am not inclined to release the applicant on bail. Accordingly, his second bail application is rejected. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.18 11:36:17 +0530