Dismissed¶24

Dharmendra Dewangan v. State of Chhattisgarh

Chhattisgarh HC1 Jul 2025MCRC/4136/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court MCRC 4136/2025; Justice Sanjay Kumar Jaiswal; order dated 02.07.2025; regular bail application under Section 483 BNSS 2023 rejected; Crime No. 501/2024, P.S. Kurud, Outpost Birejhar, District Dhamtari; offences under Sections 64(2) (M) and 65(1) BNS and Section 6 POCSO Act; rape of minor prosecutrix aged 15; pregnancy; applicant in custody since 26.11.2024; 6 of 18 witnesses examined; consent contention based on case diary statement; victim and mother gave no objection through VC from DLSA; bail declined as not a fit case; trial Court directed to expedite and conclude trial early.

What did the court decide?

Regular bail refused; the only direction issued is that the trial Court shall expedite the trial and conclude it as early as possible in view of the applicant's custody period. ¶24

Dharmendra Dewangan Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

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	Digitally signed by A
A ANNAJEE RAO	ANNAJEE RAO Date: 2025.07.05 10:46:53 +0530

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2025:CGHC:29957

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4136 of 2025

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Dharmendra Dewangan S/o Devlal Dewangan Aged About 22 Years R/o Village Madeli, Out Post Birejhar, Police Station Kurud, District Dhamtari Chhattisgarh (Description Mentioned As Per Charge Sheet) ...

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Applicant

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versus

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State of Chhattisgarh through the Station House Officer, Police of Out Post Birejhar, Police Station Kurud, District Dhamtari Chhattisgarh

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... Respondent

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For the applicant : Mr. Sunil Kumar Sahu, Advocate, on behalf of Mr. Anil Kumar Gulati, Advocate For the State : Ms. Vaishali Mahilange, Panel Lawyer

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(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

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Order on Board

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02.07.2025

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1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant

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in Crime No. 501/2024 registered at Police Station Kurud, Outpost Birejhar, District Dhamtari (CG) for the offences under Sections 64(2) (M) & 65(1) of B.N.S. and Section 6 of the Protection of Children From Sexual Offences Act.

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2. The prosecution story in brief is that on 25.11.2024 a report was lodged by the victim that on 09.02.2024 stating the applicant came to her house and committed forcible sexual intercourse. Thereafter on 10.10.2024, when the applicant had come to her village to visit a religious exhibition, he took her on his motorcycle to village Jijamagaon Nursery where he again committed sexual intercourse due to which she became pregnant.

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3. Learned counsel for the applicant submits that from the case diary statement of prosecutrix, the fact has emerged that she was a consenting party and she had voluntarily accompanied the applicant. He further submits that out of 18 witnesses, only 6 have been examined and the trial is likely to take considerable time and the applicant is in jail since 26.11.2024 therefore, looking to his custody period he may be enlarged on bail.

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4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the prosecutrix was minor girl of 15 years of age and due to forcible sexual intercourse committed by the applicant, the girl has become pregnant.

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5. The victim girl along with her mother has appeared through VC from the concerned DLSA and submitted that they have no objection if the applicant is granted bail.

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6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, it is not a fit case to release the applicant on bail. Accordingly, the bail application is

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rejected .

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7. However, looking to the custody period of the applicant the trial Court is directed to expedite the trial and ensure that the trial is concluded as early as possible.

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Sd/(Sanjay Kumar Jaiswal) Judge

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Rao

Dharmendra Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dharmendra Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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