Bastar (C.G.) v. State of Chhattisgarh Through
Case Details
1 Digitally signed by RAVVA UTTEJ KUMAR RAJU 2025:CGHC:22029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3771 of 2025 Sheikh Javed S/o Sheikh Mehbub, aged about 30 years, R/o- Gandhi Nagar Ward, Gangamunda, Jagdalpur, District- Bastar (C.G.) ... Applicant Versus State of Chhattisgarh Through- P.S.- Frejarpur/Parpa, District- Bastar (C.G.) Respondent ... For Applicant For State : :
Legal Reasoning
Mr. D.K. Gwalre, Advocate. Mr. Neeraj Sharma, Dy. A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.05.2025 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 2 No. 50/2025 registered at Police Station : Frejarpur, Parpa, District Bastar (C.G.) for the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case is that the prosecutrix/victim is a major lady of 25 years of age and by occupation a School Teacher, on 26.02.2025 the victim and the accused/applicant went to a nearby school, where the accused allegedly established physical relations with the prosecutrix/victim and being aggrieved by such act committed by the accused/applicant she filed written complaint on 02.03.2025 stating therein that she is familiar with the accused/applicant herein for the last 3 years and both of them were in love with each other. The accused/applicant made a marriage proposal to the victim, which she happily accepted but she refused when the accused/applicant asked her for establishing physical relations with him. After some time, the prosecutrix/victim broke her relations with the accused/applicant and refused to marry him on the ground that the accused/applicant belongs to Muslim Community. Later on, the marriage of the accused/applicant was fixed somewhere else. The victim eventually filed a First Information Report (FIR) bearing Crime No. 50/2025 against the accused at the Frejarpu/Parpa District Bastar (C.G.) and the applicant has been arrested on 02.03.2025. 3. The learned counsel for the applicant submits that the applicant is 3 innocent and has been falsely implicated in the present case. He contends that the victim and the applicant were having love affair with each other for about 3 years and later on the victim had refused to marry the applicant for the reason that he belongs to Muslim community. He further submits that the victim is a major lady of 25 years of age and is a teacher by profession and she is very well aware of the consequences of her indulgence. He further submits that there is a delay in lodging the F.I.R and in the due course of investigation, the victim underwent her medical examination and no definite opinion was given by the doctor regarding sexual assault. He further submits that the applicant has not subjected the prosecutrix to any sexual assault and there was no such sexual act that took place without the consent of the prosecutrix/victim, as such the victim with her own free will visited to the temple and then nearby school with the applicant and established physical relationship with him which shows that the prosecutrix is a consenting party. Furthermore, the learned counsel for the applicant submits that the applicant is in jail since 02.03.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused forcefully committed sexually intercourse with 4 the victim, 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. Considering the facts and circumstance of the case, nature and gravity of offence, it is clear that the victim is a major lady of 25 years and from perusal of statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) it is apparent that there was a relationship between the victim and the applicant for the last 03 years, but the victim refused to marry the applicant as he belongs to Muslim community and after some time the applicant got engaged with another girl. Thereafter, the prosecutrix/victim filed harassment case against the applicant. However, it is evident that the victim went with the applicant with her own will and established physical relationship with the applicant and when their relationship could not be materialized, the victim lodged an FIR against the applicant, moreover, it is stated that the statement of the victim has already been recorded by the trial Court, and there is no definite opinion given by the doctor in her medial examination regarding sexual assault, the present applicant has been in jail since 02.03.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sheikh Javed, involved in Crime No. 50/2025 registered at Police Station : Frejarpur/Parpa District Bastar (C.G.) 5 for the offence punishable under Section 64 of the Bharatiya 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 sufficient 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, 6 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 sufficient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. Office 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 U.K. Raju