Gandai, Chhattisgarh v. State of Chhattisgarh Through The Sho, Police Station Khairagarh
Case Details
1 2025:CGHC:121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8928 of 2024 Durgesh Soni S/o Late Jaikumar Soni Aged About 34 Years R/o Kilapara Ward No. 11, Khairagarh, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Sho, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh. ... Non-Applicant For Applicant
Legal Reasoning
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." 8. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the statement of the victim recorded under Section 183 of the BNSS, there is an allegation against the applicant for commission of rape, further the trial is in 5 progress and evidence of the victim has already been recorded, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, this second bail application of applicant – Durgesh Soni, involved in Crime No. 246/2024 registered at Police Station – Khairagarh, District – Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 376(2)(k)(1), 386 & 506 Part-II of the Indian Penal Code and Sections 67 & 72 of the Information Technology Act, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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 Rahul Dewangan
Arguments
: Mr. Siddharth Pandey, Advocate. For Non-Applicant : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice 02.01.2025 Order on Board 1. This is the Second Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 246/2024, registered at Police Station : Khairagarh, District - Khairagarh- Chhuikhadan-Gandai, (C.G.) for the offence punishable under Sections 376(2)(k)(1), 386 and 506 part-II of the Indian Penal Code and Sections 67 and 72 of the Information Technology Act. 2. The earlier bail application of the applicant has been rejected by this Court in MCRC No. 7244 of 2024 vide order dated 18.10.2024 on merits. 3. Case of the prosecution, in brief is that, on 05.06.2024, at 3:30 pm, 2 the complainant filed a written complaint at Khairagarh police station, stating that she had been working at accused Durgesh Soni's jewelry store for six months. In December 2023, the accused allegedly raped her in the store room, made an obscene video, and threatened to circulate it. He subsequently had physical relations with her multiple times, threatening her and her son, and extorted Rs.82,000/-. The accused also took her 20-gram gold mangalsutra and earrings. On 31.05.2024, the accused visited her rental home, demanding physical relations and money. When she refused and threatened to file a complaint, he threatened to kill her. The complainant lives alone, and the accused possesses her obscene video, which prevented her from filing a complaint earlier. Her landlady and others witnessed the incidents. Based on her complaint, Khairagarh police station registered case number 246/2024 under Indian Penal Code sections 376 (2) (n), 386, and 506. The victim was sent for medical examination, spot map was prepared, articles were seized, present applicant was arrested, statement of the witnesses were recorded and after completion of the entire investigation, charge-sheet has been filed before the learned Chief Judicial Magistrate, Khairagarh (C.G.). The case is triable by the learned Sessions Judge, therefore, it was committed and after being transferred, pending before the learned Additional Sessions Judge as Session Trial No. 29/2024. The learned Trial Court framed charges against present applicant for the offence under Section 376(2)(k)(l), 386, 506 Part-II of Indian Penal Code and section 67 and 72 of Information Technology Act and matter is 3 pending for trial. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. He would further submit that the statement of the Victim recorded by the trial Court and so far as the offence under Section 376 of the IPC is concerned, she has turned hostile whereas with respect to the other offences she has stick to her stand. The applicant is in jail since 25.06.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes the bail application and submits that charge-sheet has been filed in the present case. He would further submit that from the perusal of the statement of the victim recorded under Section 164 of the CrPC, there is an allegation against the applicant for commission of rape, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. 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.- 4 "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." 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.”