Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:14607
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2183 of 2026 Dharmendra @ Rama Thakur S/o Bhanupratap Aged About 21 Years R/o Indagaon, P.S. Indagaon Distt. Gariyabandh Chhattisgarh … Applicant versus State of Chhattisgarh through the Station House Officer (S.H.O.) P.S. Indagaon Distt. Gariyabandh Chhattisgarh ... Respondent For the applicant : Mr. Ravi Kumar Kashyap, Advocate For the State : Mr. Aman Tamrakar, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 27.03.2026
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 22/2025 registered at Police Station Indagaon, District Gariyabandh (CG) for the offences under Sections 64, 115(2), 351(3), 296 of th BNS and Section 4 of the POCSO Act and Section 3(2)(v) of the SC & ST (PoA) Act, 1989. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.03.30 10:08:10 +0530
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2. As per the prosecution case, on 19th May, 2025 in the evening when the victim had gone alone to toilet in a field, the applicant came there and gagged her mouth, dragged her to a drain and threatened to stab her if she raises alarm. Further, the applicant assaulted her, abused and tore her clothes. He threw her on the ground and forcibly committed sexual intercourse against her will and thereafter, he left her and fled into the forest. On that report, crime was registered and the applicant was arrested on 20.05.2025.
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Learned counsel for the applicant submits that there are material contradictions in her narration of the incident in the written complaint, her statement u/s 161 CrPC and her deposition before the trial Court. The prosecutrix in her cross-examination categorically admits that the case was registered at the behest of her uncle who is a village Kotwar and her uncle P.W.7 also admitted to being the scribe of the report, therefore, she is a tutored witness. Though the age of prosecutrix is shown to be minor, the evidence of her real age has not been proved by the prosecution. He submits that the applicant is in jail since 20.05.2025; till date out of a total 29 witnesses, only 7 have been examined and there is no immediate possibility of disposal of case, therefore,the applicant may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and she belongs to special caste. He submits that the victim has supported the prosecution case in her court statement.
5. The victim along with her parents has appeared through VC from the concerned DLSA and her parents have raised objection to grant bail.
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6. Having considered the submissions made by learned counsel for the parties and the over all facts and circumstances of the case, I am not inclined to release the applicant on regular bail. Accordingly this bail application is rejected.
7. However, looking to the long custody period of the applicant and treating the case as an exceptional one, the trial Court is directed to expedite the trial as early as possible within a period of 5 months.
8. Registry shall send a copy of this order to the trial Court for information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao