GHANSHYAM CHANDEL @ PAI v. THE STATE OF CHHATTISGARH
MCRC/1326/2025 · 2025-02-17
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8727 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8727 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:8161
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1326 of 2025 Ghanshyam Chandel @ Pai S/o Mahesh Chandel Aged About 22 Years R/o Behind Motipur School, Ward No. 03, Chauki Chikhli, District Rajnandgaon Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through S.H.O. Thana Kotwali, District Rajnandgaon Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sameer Singh, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.02.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 904/2023 registered at Police Station – Kotwali, District Rajnandgaon (C.G.), for the offence punishable under Sections 376, 452, 294, 323, 506 of the Indian Penal Code. 2. The prosecution's case, in brief, is that the victim lodged a written ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.19 11:48:17 +0530
2 report at the Police Station on 08.12.2023, alleging that on 07.12.2023, the present applicant entered her house, assaulted her, and committed sexual intercourse with her. Consequently, based on her report, the police registered an offense against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the main allegation against the applicant is that he committed marpeet with the victim, a 55-year-old lady, due to which she received simple injuries. He also submits that to give a serious color to the incident the victim alleged the applicant for committing rape with her. He also submits that so far as trial is concerned out of 20 prosecution witnesses, 08 witnesses have already been examined. He also submits that the applicant is in jail since 08.12.2023, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant entered the house of the victim, assaulted her and committed forcefully sexual intercourse with her, therefore, the bail application of the present applicant is entitled to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6.
Considering the facts and circumstances of the case, submissions of learned counsel for the parties, and from perusal of the statement of the victim recorded under Section 164 of the Cr.P.C., it transpires
3 that the allegations levelled by the victim are fully corroborate from her medical report, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Ghanshyam Chandel @ Pai, involved in Crime No. 904/2023 registered at Police Station – Kotwali, District Rajnandgaon (C.G.), for the offence punishable under Sections 376, 452, 294, 323, 506 of the Indian Penal Code, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 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 Abhishek