Champa Chhattisgarh v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:11454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 221 of 2025 Krish Banjare S/o Dilharan Banjare Aged About 18 Years R/o Near Gyan Jyoti School, Pamgarh, Police Station - Pamgarh, District - Janjgir-Champa Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Pamgarh, District – Janjgir-Champa, Chhattisgarh. ... Non-applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI For Applicant
Legal Reasoning
: Mr. Virendra Verma, Advocate on behalf of Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Mr. Vivek Kumar Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 521/2024 registered at Police Station – Pamgarh, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 127(4), 61(2), 61(2)(j), 64(2) (m), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2 2012 (POCSO Act). 2. The prosecution story, in brief, is that the mother of victim lodged a report in Police Station concerned regarding rape upon the victim against the present applicant and his parent. A written report was preferred on 26.11.2024 by a minor girl before the Police Station concerned alleging inter-alia that one year prior she came into contact with the applicant and thereafter they started conversation with each other through mobile phone, the present applicant disclosed his parent regarding their friendship and his mother also talked with her through mobile phone and asked to visit her house, on 21.02.2024 morning, the present applicant came near house of the victim girl then she accompanied him and went to the house of the applicant where his mother assured her then in 2 years she will get them married with each other and also asked her to return back after taking lunch and thereafter she left the house by leaving her son and minor girl in the house and locked house from the outside, thereafter, the applicant committed forcible sexual intercourse with the minor girl on the pretext of marriage by saying that his mother has also agreed to get them married, on 19.06.2024, the applicant came to her house at Mangla, Deendayal Housing Board Colony, Bilaspur and took her to his rental house and made physical relationship and thereafter when the minor girl asked him for marriage then he repeated that after 2 years they will get married and thereafter dropped her to her house, the applicant also get her conversation with his maternal uncle namely Ramvishwas Sonkar who also assured her regarding her marriage with the present applicant but after some time the applicant blocked her mobile number then she contacted with cousin brother of the applicant, then suddenly she received a phone call of the applicant disclosed him regarding stomach pain, on 28.09.2024 evening, the applicant and his 3 mother took her to Shruti Sonography Centre and get a sonography report of the minor girl as per which there was a swelling on uterus of the minor girl and thereafter they dropped her to her house, on 28.10.2024 the applicant along with his parent namely Ganeshi Bai Banjare, Dilharan Banjare and Ramvishwas Sonkar took the victim forcibly to the house of the applicant and confined her where the applicant physically exploited her and his family members were supporting him in the aforesaid crime, the minor girl was threatened by the accused persons to cause her death if she discloses the incident to her mother and when her mother talked with her through mobile phone from Delhi then she did not report her regarding the incident as she was badly scared due to presence of the applicant and his family members, on 08.11.2024 the applicant made physical relationship with her and when her mother returned back to Bilaspur from Delhi then the applicant and his mother dropped the minor girl to her house at Pamgarh and she was threatened to not disclose the incident with anyone, therefore, due to their threatening, she did not disclose the incident to anyone. On the basis of written report preferred by the minor girl, the Police Station concerned registered the FIR for the aforesaid offence against the present applicant, his parent namely Ganeshi Bai Banjare and Dilharan Banjare and Ramvishwas Sonkar. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that though the victim is a minor girl aged about 14 years 11 months, but from the perusal of the statement recorded under Section 161 of CrPC and the documents annexed with the bail application, it transpires that the victim was in affair with the applicant and thereafter, a consensual sexual relationship was also established between both of 4 them, and their engagement ceremony was also called on 15.09.2024, but after some time the relationship could not be materialized, hence, the FIR has been lodged against the applicant and his parents. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel appearing for the Objector opposed the bail application and submit that the applicant is not entitled for grant of anticipatory bail in this case. 5. 6. I have heard learned counsel for the parties and perused the materials available on record. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and though the victim is a minor girl aged about 14 years 11 months, but from the perusal of the statement recorded under Section 161 of CrPC and the documents annexed with the bail application, it transpires that the victim was in affair with the applicant and thereafter, a consensual sexual relationship was also established between both of them, and their engagement ceremony was also called on 15.09.2024, but after some time the relationship could not be materialized, hence, the FIR has been lodged against the applicant and his parents, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Krish Banjare on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person 5 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar