Nafr High Court
Case Details
1 2025:CGHC:15675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2607 of 2025 Naresh Kumar Dheemar Aged About 26 Years Resident of Village Darmohli, Police Station Gourela, District Gourela-Pendra-Marwahi (C.G.) versus ... Applicant State of Chhattisgarh Through The Station House OfÏcer, Police Station Gourela, District Gourela-Pendra-Marwahi (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Vijay Shankar Mishra, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 03.04.2025 Order on Board 1. This is the first 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. 24/2025 registered at Police Station : Gourela, District Gourela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 64, 351(3) and 115(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, is that on 04-02-2025, the complainant lodged a written complaint at Police Station Gourela regarding an incident that occurred on 02-02-2025. She stated that on that day, at around 7:30, her husband had gone to play cricket, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 and she went to call him. Near Chhipiya Pond, she encountered the accused, who asked her where she was going. When she informed him that she was looking for her husband, he offered to assist her, and they both set out to find him. Near a mango tree, the accused gave her a drink, saying that she appeared to be in distress. After consuming the drink, he attempted to establish physical relations with her. When she resisted and raised an alarm, he gagged her mouth and subsequently raped her. Following the incident, she reported the matter to the accused’s father, but she was threatened. Out of fear, she went to her parental home. On 03-02-2025, when her husband returned, she narrated the incident to him. This delay in filing the FIR was due to these circumstances. Based on her complaint, an offense was registered against the accused, and he was subsequently arrested. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a major and married lady and she has made false complaint, her husband never play cricket nor he had gone to play cricket on the date of incident, but the real fact is that when the husband came to know regarding the objectionable condition of the victim with his father, there has been quarrel and the victim left the house of her husband and presently residing her parent’s house. He further submits that the present applicant is in jail since 05.02.2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail 3 application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. She further submits that the present applicant/ accused gave her a drink, saying that she appeared to be in distress. After consuming the drink, he attempted to establish physical relations with her. When she resisted and raised an alarm, he gagged her mouth and subsequently raped her , therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel 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 05.02.2025, the fact that when the victim’s husband came to know regarding the objectionable condition of the victim with his father, there has been quarrel and the victim left the house of her husband and presently residing her parent’s house and her husband never play cricket nor he had gone to play cricket on the date of incident, the victim 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 4 case. 7. Let applicant, Naresh Kumar Dheemar, involved in Crime No. 24/2025 registered at Police Station : Gourela, District Gourela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 64, 351(3) and 115(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 5 Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan