Nafr High Court
Case Details
1 2025:CGHC:7084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 641 of 2025 Ameshwar Singh @ Amreshwar S/o Late Sunny Singh Aged About 22 Years Cast Gond Profession Agriculture R/o Village Premnagar (Lalipara) Police Thana and Thashil Premnagar District - Surajpur (C.G.) versus ... Applicant State of Chhattisgarh Through Police Station Premnagar District - Surajpur (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Sanjay Kumar Yadav, Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 118/2024 registered at Police Station Premnagar District - Surajpur (C.G.) for the offence punishable under Section 64(1) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the victim has lodged a written report alleging that the present applicant committed rape on 17.10.2024, at approximately 4-5 PM, while she had gone for a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.07 18:27:38 +0530 2 nature call behind her house. The applicant allegedly approached and raped her. Ten days later, the victim filed the F.I.R. against the applicant. Subsequently, Police Station Premnagar registered a case under crime no. 118/2024 for the offence punishable under Section 64(1) of the Bharatiya Nyaya Sanhita (B.N.S.). The applicant was arrested on 02.11.2024 by ofÏcers from Police Station Premnagar, and the matter was investigated. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this offence due to enmity. He further submits that the applicant’s family and the victim’s family are relatives and neighbors. The applicant’s mother lent Rs. 32,000/- to the victim’s husband for agricultural work. After some days, the victim and her husband returned Rs. 10,000/-, leaving a remaining amount of Rs. 22,000/-. When the applicant and his mother requested the remaining amount, the victim and her husband lodged false allegations against the applicant. He further submits that the victim is a married woman, and there was a delay of more than 14 days in lodging the F.I.R. Furthermore, the entire charge sheet, including the MLC report, indicates that the doctor opined there were no signs of recent intercourse or sexual activity. He further submits that the present applicant has no previous criminal antecedent. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits 3 that the present applicant committed rape on 17.10.2024, at approximately 4-5 PM, while she had gone for a nature call behind her house. He also submits that the applicant allegedly approached and raped her, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.11.2024, the fact that the applicant’s family and the victim’s family are relatives and neighbors, the applicant’s mother lent Rs. 32,000/- to the victim’s husband for agricultural work, after some days, the victim and her husband returned Rs. 10,000/-, leaving a remaining amount of Rs. 22,000/-, when the applicant and his mother requested the remaining amount, the victim and her husband lodged false allegations against the applicant and also considering the fact that the victim is a married woman, and there is no specific allegations against the applicant, the entire charge sheet, including the MLC report, indicates that the doctor opined there were no signs of recent intercourse or sexual activity and injury further the applicant has no criminal antecedent and charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Ameshwar Singh @ Amreshwar, involved in Crime No. 118/2024 registered at Police Station Premnagar District - Surajpur (C.G.) for the offence punishable under Section 64(1) of 4 Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening 5 of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan