Nafr High Court
Case Details
1 2025:CGHC:10575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1742 of 2025 Turka Ram S/o Bahira Ram Aged About 38 Years R/o Ayyari Uparpara, Police Station Shankargarh District- Balrampur-Ramanujganj (C.G.) versus ... Applicant State of Chhattisgarh Through Police Station-Shankargarh District- Balrampur-Ramanujganj (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Rohitashva Singh, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.03.2025 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. 134/2024 registered at Police Station Shankargarh District- Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 376, 294, 506, 323 of the Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that the victim lodged a written report at Police Station Shankargarh, stating that she is a resident RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 of Village Shahpur, under Police Station Kusmi. She was married to the son of the applicant, Shukranarayan, on 16.02.2022. After some time, her husband and in-laws started harassing her for dowry and verbally abusing her. When she became pregnant, they allegedly attempted to harm her unborn child. Furthermore, on 18.06.2024, while she was sleeping in her room, the applicant entered her room and sent her husband to sleep in another room. At around 12:00 AM that night, the applicant allegedly raped her. When she confronted her mother-in-law, husband, and sister-in-law about the incident, they started beating her and threatening her. As a result, she approached the police station on 22.07.2024 and lodged a complaint. Based on her report, a case was registered against the applicant and other co-accused. Hence, this application has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this offence. He further submits that the victim, the daughter-in-law of the applicant, was married to his son on 16.02.2022 as per their rites and rituals. However, after giving birth, her behavior changed, and she frequently started visiting her parental home. A village meeting was held on 22.06.2024 in the presence of villagers, where she refused to stay with her husband. He also submits that after a month, on 22.07.2024, she falsely lodged an FIR. As per the report, the alleged incident occurred on 18.06.2024, but the complaint was filed after a delay of more than a month, clearly indicating malafide intent. He further submits that she deliberately implicated her 3 mother-in-law and sister-in-law in the case in which they have already been granted bail by the trial court. He also submits that in the social meeting, it was decided that she would take care of herself and her child, yet she later falsely accused the applicant and his family. The victim made rape allegations against the applicant only to put pressure on his family, which is not possible when the entire family was present in the house. Furthermore, she is not appearing before the trial court, and the applicant has committed no wrongdoing. He further submits that the present applicant has no previous criminal antecedent, he is in jail since 23.07.2024. 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 that the victim married to the son of the applicant, on 16.02.2022. After some time, her husband and in-laws started harassing her for dowry and verbally abusing her. When she became pregnant, they allegedly attempted to harm her unborn child. Furthermore, on 18.06.2024, while she was sleeping in her room, the applicant entered her room and sent her husband to sleep in another room. At around 12:00 AM that night, the applicant allegedly raped her. When she confronted her mother-in-law, husband, and sister-in-law about the incident, they started beating her and threatening 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, 4 nature and gravity of offence, period of detention of the applicant since 23.07.2024, the fact that the victim, the daughter-in-law of the applicant, was married to his son on 16.02.2022 as per their rites and rituals, however, after giving birth, her behavior changed, and she frequently started visiting her parental home, a village meeting was held on 22.06.2024 in the presence of villagers, where she refused to stay with her husband, after a month, on 22.07.2024, she falsely lodged an FIR, as per the report, the alleged incident occurred on 18.06.2024, but the complaint was filed after a delay of more than a month, clearly indicating malafide intent, further the fact that she deliberately implicated her mother-in-law and sister-in-law in the case in which they have already been granted bail by the trial court, and in the social meeting, it was decided that she would take care of herself and her child, yet she later falsely accused the applicant and his family, the victim made rape allegations against the applicant only to put pressure on his family, which is not possible when the entire family was present in the house. Furthermore, she is not appearing before the trial court, and the applicant has committed no wrongdoing, 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- Turka Ram, involved in Crime No. 134/2024 registered at Police Station Shankargarh District- Balrampur- Ramanujganj, (C.G.) for the offence punishable under Sections 376, 5 294, 506, 323 of the Indian Penal Code, 1860, 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 6 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