Raipur (C.G.) v. State Of Chhattisgarh Through Station House Officer, Police Station
Case Details
1 2025:CGHC:6876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1086 of 2025 Chalak Ram Soni, S/o Late Kushal Ram Soni, Aged About 32 Years, R/o Near Railway Crossing Shiv Mandir, Jora, P.S. Telibandha, (Father Name And Address Mentioned, As Per The Order Sheet Of Trial Court) District - Raipur (C.G.). ... Petitioner versus State Of Chhattisgarh Through Station House Officer, Police Station - Civil Line, District - Raipur (C.G.). ... Respondent For Petitioner
Legal Reasoning
: Mr. Sumit Jhawar, Advocate. For Respondent : Ms. Shubhra Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2025 1. This is the Second 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.281/2024 registered at Police Station–Civil Line, District- Raipur (C.G.), for the offence punishable under Section 354(a)(i), 376 & Section 511. 2. The prosecution story in brief, is that the complainant/victim is 2 suffering from thyroid, migraine & headache and treatment is in progress. On the date of incident i.e. on 02.05.2024 at about 04:15, the victim come along with her daughter for massage in the R.V. Massage Centre which is situated at near the house of the victim, thereafter, the present applicant doing the massage of the victim in presence of her daughter, after some time the daughter of the victim went to the house, then the present applicant outrage the modesty of the victim by way of touch the breast kissing her chick and thereafter, the present applicant entered two finger in private part of the victim on which the victim was shocked and went to her house as well as informed her daughter regarding the incident. The allegation against applicant that the applicant committed the above offence with the victim against her will. It is alleged by the victim that the present accused/applicant committed the above offence with the victim against her wish. On the said act of the accused/applicant, the victim lodged a report to the Police Station - Civil Line, District - Raipur (C.G.). On the said report of the victim, the police of Police Station Civil Line, District - Raipur (C.G.) registered the offence punishable under section 354(a)(i), 376 & Section 511, at Crime No. 281/2024. against the present accused/applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence as reported by the police. He further submits that the victim was residing in the 3 house of her daughter due to which the police has implicated the present applicant on the said offence. He also submits that present applicant belongs to civilized family and also the FSL report of the prosecution has not supported the present case. It is lastly submitted that the trial is in progress and the statement of victim has already been recorded and the applicant is in jail since 03.05.2024, and the trial is likely to take some more time for its conclusion, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is alleged to have committed rape upon the victim and also victim in her statement recorded under Section 164 of Cr.P.C. the victim herself stated that she has been raped by the present applicant, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. The Hon'ble Supreme Court in the matter of X Vs. State of Rajasthan and another in Special Leave Petition (Criminal) No. 13378 of 2024 decided on 27-11-2024 has observed in the said order that.- "14. Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused." 4 15. Over a period of time, we have noticed two things, i.e., (i) either bail is granted after the charge is framed and just before the victim is to be examined by the prosecution before the trial court, or (ii) bail is granted once the recording of the oral evidence of the victim is complete by looking into some discrepancies here or there in the deposition and thereby testing the credibility of the victim.” 16. We are of the view that the aforesaid is not a correct practice that the Courts below should adopt. Once the trial commences, it should be allowed to reach to its final conclusion which may either result in the conviction of the accused or acquittal of the accused. The moment the High Court exercises its discretion in favour of the accused and orders release of the accused on bail by looking into the deposition of the victim, it will have its own impact on the pending trial when it comes to appreciating the oral evidence of the victim. It is only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the Court may be justified in ordering his release on bail on the ground that right of the accused to have a speedy trial has been infringed." 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and from perusal of the statement of victim recorded under Section 164 Cr.P.C, the victim herself stated that she has been raped by the present applicant and the first bail application of the applicant has been dismissed on merits as also the principles laid down by the Hon’ble the Supreme Court in the matter of X Vs. State of 5 Rajasthan and another (supra), 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-Chalak Ram Soni, involved in Crime No. 281/2024, registered at Police Station Civil Line, District Raipur (CG) for the offence punishable under Section 354(a)(i), 376 & Section 511, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Arpan