Drupat Sidar Vs State of Chhattisgarh

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2025:CGHC:20481

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No.1547 of 2025

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SATISH TUMANE

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1 - Drupat Sidar S/o Ravi Singh Sidar Aged About 22 Years R/o Adarsh Nagar Basna, Police Station And Tahsil - Basna, District - Mahasamund, Chhattisgarh

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... Applicant(s)

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versus

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Digitally signed by SATISH TUMANE

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1 - State Of Chhattisgarh Through Police Station - Basna, District - Mahasamund, Chhattisgarh

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... Respondent(s)

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For Applicant (s) : Shri Ravi Kumar Bhagat, Advocate For Respondent(s) : Shri Atanu Ghoshu, Dy. Govt. Advocate

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Single Bench: Hon'ble Shri Justice Sanjay S. Agrawal

Order On Board

05/05/2025

Heard.

This is the fourth bail application filed by the Applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 (for short, 'BNSS') for grant of regular bail as he has been arrested on 17-12-2021 in connection with Crime No.309/2021 registered at Police Station Basna, District Mahasamund for the offence punishable under Sections 363, 366(A) and 376(2)(n) of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. First bail application of the applicant was rejected on 06.09.2022 in M.Cr.C.No.5357 of 2022, while

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second and third of his bail application were rejected on 10.11.2023 and 12.09.2024 in M.Cr.C.No.7433 of 2023 and M.Cr.C.No.5131 of 2024, respectively.

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2 . Case of the prosecution is that on 09.06.2021, a written report was lodged by the father of the prosecutrix before the concerned police station to the effect that the applicant has kidnapped his daughter and on the pretext of marriage, committed sexual intercourse with her on several occasions despite of her resistance. Based upon the said report, the offences mentioned herein-above have been registered by the police against the applicant, while arresting him on 17.12.2021.

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3 . Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in connection with the alleged crime. It is contended further that since the evidence of the prosecutrix has already been recorded and, therefore, the applicant, who is in jail since 17.12.2021, be enlarged on bail.

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On the other hand, learned counsel appearing for the non-applicant/ State, while referring to the statement of the prosecutrix recorded under Section 164 of the Cr.P.C. as well as her statement recorded before the Court on 01.08.2022, submits that the manner, in which, the offence has been committed by the applicant, the bail application, as made by him, deserves to be rejected.

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I have heard learned counsel for the parties and perused the entire papers annexed with this petition, particularly the statement of the prosecutrix recorded before the Court on 01.08.2022 as well as her statement recorded under Section 164 of the Cr.P.C.

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6 . Having considered the facts and circumstances of the case, considering further the allegations levelled against the applicant and also considering the statement of the prosecutrix recorded under Section 164 of the Cr.P.C. as well as her statement recorded before the Court on 01.08.2022, without commenting anything on the merits of the case, I am not inclined to enlarge him on bail.

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Accordingly, the bail application filed under Section 483 of B.N.S.S. is rejected.

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SD/-

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(Sanjay S. Agrawal) Judge

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Tumane

Drupat Sidar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Drupat Sidar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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