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2025 DAILYLAW 7481 (CHH)

PRAKASH DAS MAHANT v. STATE OF CHHATTISGARH

MCRC/1183/2025 · 2025-03-10

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Judgment text

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1 2025:CGHC:11887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1183 of 2025 Prakash Das Mahant S/o Shankar Das Mahant, Aged About 29 Years, Resident of Village- House No. 69, Ward No. 05, Ragja, District- Janjgir Champa, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station- Sakti, District- Janjgir Champa, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ravi Kumar Bhagat, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.03.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.23/2025, registered at Police Station – Sakti, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 115(2), 331(2) and 74 of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant/victim has PREETI KUMARI Digitally signed by PREETI KUMARI 2 made written report alleging that applicant has entered victim's room at around 4:30 morning on 21.01.2025 at village 'Karrapali' and committed physical assault upon victim, that on making alarm the husband who intervened the incident, and based on such report the offences under Sections 115(2), 331(2) and 74 of B.N.S. have been registered by the police against the applicant, while arresting him on 21.01.2025, in Crime No. 23/2025. Hence, this bail application. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant and the victim were known to each other and the husband of the applicant used to beat the complainant/victim and she used to send photographs on the mobile phone of the applicant . The charge-sheet has been filed in this case and the applicant is in jail since 21.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the applicant has entered into the house of the complainant/victim who is a married woman and tried to molest her and when she screamed for help, her husband intervened to save her, and the accused bit her husband’s right forearm, who has suffered injuries on his hand as it is apparent from the medical examination report. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact 3 that the applicant has entered into the house of the complainant/victim who is a married woman and tried to molest her and when she screamed for help, her husband intervened to save her, and the accused bit her husband’s right forearm, who has suffered injuries on his hand as it is apparent from the medical examination report, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Prakash Das Mahant involved in Crime No.23/2025, registered at Police Station – Sakti, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 113(2), 331(2) and 74 of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 OfÏce 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 Preeti