Santosh Ram @ Guddu @ Chutiya Vs State of Chhattisgarh

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2025:CGHC:20815

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 2611 of 2025

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1 - Santosh Ram @ Guddu @ Chutiya S/o Ramsai Panika Aged About 32 Years R/o Village- Nawadihkhurd, P.S. Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh.

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2 - Smt. Sunita Devi W/o Mansai Ram Aged About 40 Years R/o Village- Jatro, Jamtad, P.S. Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh.

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... Applicant(s)

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versus

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1 - State Of Chhattisgarh Through- Station House Officer, P.S. Balrampur, DistrictBalrampur-Ramanujganj (C.G.)

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... Non-applicant(s)

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For Applicant(s) : Mr. Dashrath Kushwaha, Advocate. For Non-applicant(s) : Ms. Sunita Sahu, Panel Lawyer.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

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Order on Board

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06/05/2025

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Pursuant to the order dated 03.04.2025 the mother of the victim appeared through virtual mode from DLSA, Balrampur and raised objection in granting bail to the applicants. Her objection is taken on record.

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This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 24.07.2024 in connection

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with Crime No. 120/2024 registered at Police Station Balrampur, District Balrampur (C.G.) for the offence under Section 238, 89, 94 of Bharatiya Nyay Sanhita and Section 21(1) of the Protection of Children from Sexual Offences Act, 2012.

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The case of the prosecution is that on 24.07.2024 the mother of the victim lodged a report that her minor daughter aged about 12 years was subjected to rape by the juvenile in conflict with law by which she conceived pregnancy and in order to eliminate the pregnancy and concealment of birth by secrete disposal of the dead fetus, the present applicants have assisted them. The FIR has been registered for the offence under Section 238, 89, 94 of BNS and Section 21(1) of Protection of Children from Sexual Offences Act, 2012. The applicants have been arrested on 24.07.2024 and charge-sheet has been filed.

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Learned counsel for the applicants would submit that the main allegation of rape is against the juvenile in conflict with law against the present applicant is only that they causing miscarriage without women's consent and assisted in concealment of birth by secrete disposal of the dead fetus. The applicant No.2 is a lady and is in jail since 24.07.2024, and final adjudication of the case will take its own time, the main offender juvenile in conflict with law has accepted his guilt and has been released from the juvenile justice board, therefore, the present applicants may also be enlarged on bail.

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On the other hand, learned counsel appearing for the state opposes and have submitted that the present applicant No.1 is the father of the juvenile in conflict with law and applicant No.2 is allegedly practicing as midwife in the village. Both of them were engaged in causing miscarriage against the consent of the victim and concealment of birth by secrete disposal of the dead fetus. The victim was aged about 12 years and 07 months and she conceived pregnancy by the act of juvenile in conflict with law which was

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concealed by the present applicant, therefore, the applicants are not entitled for bail.

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Considering the submissions made by the learned counsel for the parties, considering the nature of allegation against the present applicants as also their involvement in the offence, the age of the victim, I am not inclined to released them on bail. Their bail application is rejected .

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Sd/-

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(Ravindra Kumar Agrawal)

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Judge

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Alok

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Digitally signed
by ALOK
ALOK SHARMA
SHARMA Date:2025.05.08
12:07:41
+0530

Santosh Ram @ Guddu @ Chutiya v. State of Chhattisgarh

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Santosh Ram @ Guddu @ Chutiya v. State of Chhattisgarh

Case brief

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