Order on Board

07/02/2025

1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 233/2024 registered at Police Station Civil Line, District- Bilaspur (C.G.) for the offence punishable under Section 376, 294, 323, 506, 456, 414, 394 of IPC.

2. Case of the prosecution, in brief, is that, on 08.03.2024 Victim/complainant has made written complaint before the Police Station-Civil Line, Bilaspur, District-Bilaspur (C.G.) stating therein that on 03.03.2024 at about 3.00-3.30 am, when she was watching mobile on her bed in the rental house meanwhile some unknown persons came there and one of the accused persons has pushed her Brest as well as made physical relation without her concent, on the basis of said complaint crime No. 233/2024 has been registered against the unknown persons and during the course of investigation, the applicant has been arrested on 12/03/2024.

3. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the FIR has been lodged against the applicant after the lapse of 05 days of the incident which has not been explained properly and in the present case charge-sheet has been filed before the competent Court and trial is in progress and till date 03 prosecution witnesses have been recorded by the learned trial Court including the victim. He further submits that as per medical report of the victim, no any injury have seen upon her entire body and the actual facts of the case are that the victim implicated him in crime in question only to fulfilled her aim to perform marriage with him and the applicant is in jail since 12.03.2024 and the trial is likely to take some time for its conclusion. 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 statement of victim recorded under Section 183 of BNSS wherein she stated that applicant along with two co-accused persons have entered in their house and on of the co-accused has made sexual intercourse on her without her concent and also committed theft of ornaments and further from possession of the applicant, knife was recovered. Accordingly, he 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, nature and gravity of offence and the fact that the statement of victim girl aged about 24 years recorded under Section 180 of BNSS, wherein she stated that the applicant along with two co- accused persons have entered in their house and one of the co- accused persons had made sexual intercourse on her without her concent and also committed theft of ornaments and further from possession of the applicant, knife was recovered. However, the present applicant is not involved in committing sexual relationship but the allegation against him is severe in nature thus, this Court does not find it a fit case to release the applicant on bail.

7. Accordingly, the bail application of the Applicant namely-Veer Singh @ Pankaj, involved in Crime No. 233/2024 registered at Police Station Civil Line, District- Bilaspur (C.G.) for the offence punishable under Section 376, 294, 323, 506, 456, 414, 394 of IPC, is rejected at this stage.

8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.