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2025 DAILYLAW 7794 (CHH)

SONAM YADAV @ SOM v. STATE OF CHHATTISGARH

MCRC/1203/2025 · 2025-03-10

body2025

Judgment text

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1 2025:CGHC:11885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1203 of 2025 Sonam Yadav @ Som S/o Pramod Yadav Aged About 20 Years R/o Chandani Chowk Jhulna, P.S. Maro, District Bemetara Chhattisgarh At Present Address Pawan Dal Mill Ghusera, P.S. Mujgahan District- Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Mujgahan, District - Raipur (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, 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.302/2024, registered at Police Station – Mujgahan, District - Raipur (C.G.) for the offence punishable under Sections 64 and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant has made report to concerned Police Station that the applicant has committed PREETI KUMARI Digitally signed by PREETI KUMARI 2 sexual intercourse with the victim in several time at several places. Based upon the such complaint, the Police has registered the offence punishable under Sections 64 and 351(2) of B.N.S. in Crime No. 302/2024 against the applicant in connection of this crime. 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 was working in the same place and the incident took place on 09.11.2024 and the case is registered on 20.12.2024, looking to the facts, there is delayed FIR by the complainant this case, which is very long delay in this case. The charge-sheet has been filed in this case and the applicant is in jail since 21.12.2024 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 twice the applicant has entered in the washroom of the work place and committed rape on the victim and the victim has informed about the incident to her husband who has lodged the FIR and it is further submitted that the FSL report is still awaited and considering the statement of the victim recorded under Section 183 of B.N.S.S. 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 that twice the applicant has entered in the washroom of the work place and committed rape on the victim and the victim has informed about the 3 incident to her husband who has lodged the FIR and further, the FSL report is still awaited and also considering the statement of the victim recorded under Section 183 of B.N.S.S, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Sonam Yadav @ Som involved in Crime No.302/2024, registered at Police Station – Mujgahan, District - Raipur (C.G.) for the offence punishable under Sections 64 and 351(2) 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