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2025 DAILYLAW 8859 (CHH)

YGYADATT PURENA v. STATE OF CHHATTISGARH

MCRC/1525/2025 · 2025-03-19

body2025

Judgment text

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1 2025:CGHC:13162 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1525 of 2025 Ygyadatt Purena S/o Pawan Kumar Purena Aged About 23 Years R/o Village Kundel, P.S. Fingeshwar, District Gariyaband Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Fingeshwar, District Gariyaband (C.G.). ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 08/2025, registered at Police Station Fingeshwar, District- Gariyaband, (C.G.) for the offence punishable under Sections 64, 87, 331(4) and 351(3) of Bhartiya Nyay Sanhita, 2023. 2. The prosecution’s case, in brief, is that the complainant lodged a report at the concerned police station, alleging that the applicant has committed forcefully illegal activities with the victim. Based on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the complaint, the police registered a case against the applicant under Sections 64, 87, 331(4), and 351(3) of the Bharatiya Nyay Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant did not commit any illegal activities with the victim without any her consent. He further argued that there was a love affair between the applicant and the victim and she was a consenting party. He further submits that the applicant has no any previous criminal antecedents and he is in jail since 08.01.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the applicant has committed forcefully illegal activities with the victim. She also submits that as per the statement of the victim recorded under Section 183 of the BNSS, she has levelled allegation of rape against the applicant and further she suffered some injury on her face/lips, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that though the learned counsel for the applicant argued that there was 3 a love affair between the applicant and the victim and she was a consenting party, whereas the learned State counsel submitted that as per the statement of the victim recorded under Section 183 of the BNSS, she has alleged that the applicant forcibly committed rape and she sustained injuries on her face and lips, furthermore, the fact that there is no mention of a love affair between the parties in the bail application, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Ygyadatt Purena, involved in Crime No. 08/2025, registered at Police Station Fingeshwar, District- Gariyaband, (C.G.) for the offence punishable under Sections 64, 87, 331(4) and 351(3) of Bhartiya Nyay Sanhita, 2023, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan