Dismissed¶6

Resham Seth v. State of Chhattisgarh

Chhattisgarh HC12 Jan 2025MCRC/282/2025

Case brief

AI extract

What is this about?

Chhattisgarh HC Bilaspur; MCRC No. 282 of 2025; fourth bail application; S.483 BNSS 2023; offences under Ss.376(2)(f), 376(2)(L), 376, 323, 506 IPC; Crime No.511/2022, P.S. Saraipali, Dist. Mahasamund; repeat/successive bail application; delay in trial, no witness examined in two years; gravity of offence; physically/mentally challenged victim; offence by relative; bail refused, application dismissed; de die in diem trial direction; SP to ensure witnesses; Deepak Kumar Tiwari, J.; order dated 13/01/2025.

What did the court decide?

In deciding the bail question, the Court particularly considered the gravity of the offence, which was committed with a physically/mentally challenged victim by her own relative. ¶5

Resham Seth Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether regular bail should be granted to the applicant in his fourth application under Section 483 BNSS 2023, he having been in custody since 17.12.2022 in Crime No.511/2022, where counsel argued that despite this Court's earlier direction for expeditious trial two years had passed without a single witness being examined.

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Court's answer

In deciding the bail question, the Court particularly considered the gravity of the offence, which was committed with a physically/mentally challenged victim by her own relative.

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Ratio / Principle

Because the earlier bail application had been rejected on merits, the Court was not inclined to release the applicant on bail.

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Key takeaways

While dismissing the bail application, the Court directed that the concerned trial Court shall proceed in the matter in de die in diem (day-to-day) manner.ratio¶6
Counsel for the State was directed to apprise the concerned Superintendent of Police to ensure presence of the witnesses on the given dates.ratio¶6

Detailed headnote1 paragraphs

Fourth regular-bail application under S.483 BNSS 2023 by Resham Seth, in custody since 17.12.2022 in Crime No.511/2022, P.S. Saraipali, Dist. Mahasamund (C.G.), for offences under Ss.376(2)(f), 376(2)(L), 376, 323 & 506 IPC. Earlier applications: dismissed as withdrawn (MCRC 3550/2023, order dt. 01.08.2023); rejected on merits (MCRC 759/2024, order dt. 01.02.2024); dismissed with direction for expeditious trial (MCRC 4547/2024, order dt. 27.06.2024). Counsel urged bail solely on the ground of delay in trial — two years elapsed without a single witness being examined despite the earlier expeditious-trial direction. Deepak Kumar Tiwari, J. (13.01.2025) refused bail, weighing the gravity of the offence committed with a physically/mentally challenged victim by her own relative and the earlier merit-based rejection; directed the trial Court to proceed de die in diem and State counsel to apprise the SP to ensure witnesses' presence.

2025:CGHC:1869

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 282 of 2025

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PRIYANKA VERMA Digitally signed byPRIYANKA VERMA Date: 2025.01.13 17:28:11 +0530

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Resham Seth S/o Sahdev Seth Aged About 32 Years, R/o Baloda, P.S. Saraipali, District Mahasamund (C.G.)

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... Applicant

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versus

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State of Chhattisgarh Through Station House Officer, Police Station Saraipali, District Mahasamund (C.G.)

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... Respondent

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For Applicant : Mr. Gurudev I. Sharan, Advocate For State : Mr. Ajit Singh, GA

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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13/01/2025

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1. This is the fourth application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.511/2022 registered

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at Police Station Saraipali, District Mahasamund (C.G) for the offence under Section 376 (2) (f), 376 (2) (L), 376, 323 & 506 of the IPC.

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2. The first bail application of the applicant was dismissed as withdrawn vide order dated 01.08.2023 passed in MCRC No.3550/2023. The second bail application of the applicant was rejected on merits vide order dated 01.02.2024 passed in MCRC No.759/2024. The third bail application of the applicant was dismissed with a direction to the trial Court to conclude the trial expeditiously vide order dated 27.06.2024 passed in MCRC No.4547/2024.

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3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the applicant is in jail since 17.12.2022. He would further submit that though this Court had directed for the expeditious trial but 2 years have passed and not a single witness has been examined, therefore, on the ground of delay in trial, he may be enlarged on bail.

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4. Per contra , learned counsel for the State opposes the aforesaid submissions. He submits that he would apprise the concerned Superintendent of Police to ensure the presence of the witnesses on the date of the hearing. He would further submit that the earlier bail application has been rejected on merits, therefore, this is not a fit case for grant of bail.

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5. Having considered the submissions of learned counsel for the parties and particularly considering the gravity of the offence which has been committed with a physically/mentally challenged victim by her own

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relative and the fact that the earlier bail application was rejected on merits, I am not inclined to release the applicant on bail.

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6. Accordingly, the bail application is dismissed . However, it is expected that the concerned trial Court shall proceed in the matter in de die in diem manner. Counsel for the State is also directed to apprise the concerned Superintendent of Police to ensure presence of the witnesses on the given dates.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

Resham Seth v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Resham Seth v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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