Naresh Ekka Vs State of Chhattisgarh

1. This is first bail application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail as he has been arrested in connection with Crime No. 126/2023 registered at Police Station Balrampur, Distt. Balrampur – Ramanujganj (C.G.) for commission of offence punishable under Sections 450, 376 (2-D), 294, 506 & 323 of the Indian Penal Code.

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2. Case of the prosecution, in brief, is that on 05.10.2023 victim / prosecutrix, aged about 46 years, lodged FIR against the applicant/accused

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alleging therein that on 05.05.2023 at about 4 pm in the afternoon, when she was present in her house alone, at that time, applicant entered her house and forcefully raped her and subsequently on 29.09.2023 again applicant came in her house at about 8 pm and raped here and also threatened to kill her, if she screamed. Based on above facts, present crime has been registered against the applicant.

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3. Learned counsel appearing for the applicant would submit that victim / prosecutrix, who is aged about 46 years, is residing in her house alone. It is submitted that both the parties are resident of same village and due to some previous dispute between them, victim/prosecutrix has implicated the present applicant in the instant crime, which is evident from delay in lodging the FIR. It is further submitted that applicant is in detention since 30.03.2024; chargesheet has already been filed on 02.12.2023 and this is first crime registered against the applicant, who is permanent resident of District Balrampur, therefore, it is prayed that the applicant may be enlarged on bail.

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4. On the other hand, learned counsel for the State while opposing the application for grant of bail to the applicant would submit that it is a case of heinous crime of rape, hence, the bail application is liable to be rejected.

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5. I have heard learned counsel appearing for the parties and perused the material available on record.

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6. Taking into consideration the facts & circumstances of the case, particularly, considering the fact that the incident is allegedly occurred twice, but FIR to this effect was lodged after many days of the incident; chargesheet has been filed and the applicant is in custody since 30.03.2024, hence, considering the totality of the facts, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed.

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7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

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Certified copy, as per rules.

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Sd/-

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(Naresh Kumar Chandravanshi)

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JUDGE

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Amit

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Digitally signed AMIT by AMITKUMAR DUBEY KUMAR Date: 2024.10.17 DUBEY 10:45:10 +0530

Naresh Ekka v. State of Chhattisgarh

Case brief

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Naresh Ekka v. State of Chhattisgarh

Case brief

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