Dismissed¶23

Ramjan Khan v. State of Chhattisgarh

Chhattisgarh HC4 Aug 2025MCRC/5139/2025

Case brief

AI extract

What is this about?

Regular bail; Section 483 BNSS; MCRC No. 5139 of 2025; High Court of Chhattisgarh at Bilaspur; Arvind Kumar Verma; Crime No. 293/2024 P.S. Devbhog District Gariyaband; BNS Act 2023 Sections 137(2), 87, 64(2)(m), 3(5); POCSO Act 2012 Sections 4 and 6; rape of minor prosecutrix; pretext of marriage; abduction on motorcycle 13.09.2024; arrest 14.09.2024; parity with co-accused Abdul Rehman denied; M.Cr.C. No. 8308 of 2024 bail order dated 07.01.2025; prosecutrix and father examined and supported prosecution case; victim and mother objection via VC from DLSA; bail application rejected; direction to expedite trial.

What did the court decide?

No relief to the applicant; bail application rejected. Trial court directed to expedite the trial as expeditiously as possible. ¶23

Ramjan Khan Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

No relief to the applicant; bail application rejected. Trial court directed to expedite the trial as expeditiously as possible.

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Issue for consideration

Whether the applicant, in custody since 14.09.2024 in Crime No. 293/2024 (offences under the BNS Act, 2023 and the POCSO Act, 2012), should be granted regular bail under Section 483 of the BNSS. +1 more

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Court's answer

Regular bail refused because the prosecutrix supported the prosecution case during trial and was a minor at the time of commission of the offence.

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Ratio / Principle

Parity rejected: the co-accused Abdul Rehman only accompanied the applicant on his motorcycle and did not commit the offence of rape, therefore the applicant cannot claim the ground of parity.

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Key takeaways

The Court was not inclined to release the applicant on bail and accordingly rejected his bail application filed under Section 483 of the BNSS.ratio¶23
The trial court is directed to expedite the trial as expeditiously as possible.ratio¶23

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), MCRC No. 5139 of 2025, decided 05.08.2025 by Arvind Kumar Verma, J. Regular bail under Section 483 BNSS sought by Ramjan Khan (aged about 26), in custody since 14.09.2024 in Crime No. 293/2024 of P.S. Devbhog, District Gariyaband, for offences under Sections 137(2), 87, 64(2)(m) and 3(5) of the BNS Act, 2023 and Sections 4 and 6 of the POCSO Act, 2012. Prosecution case: physical relations with the prosecutrix on the pretext of marriage; on the night of 13.09.2024 the applicant and co-accused allegedly took her away on a motorcycle and the applicant committed sexual intercourse with her; arrested 14.09.2024. Counsel urged parity with the co-accused granted bail in M.Cr.C. No. 8308 of 2024 (order dated 07.01.2025); the State submitted that during trial the prosecutrix and her father were examined and supported the prosecution case; the victim and her mother opposed bail through video conference from the DLSA. Held: parity unavailable as the co-accused Abdul Rehman only accompanied the applicant and did not commit rape; the prosecutrix was a minor at the time of the offence and supported the prosecution case; bail application rejected; trial court directed to expedite the trial.

2025:CGHC:38793

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5139 of 2025

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1 - Ramjan Khan S/o Ghasi Khan Aged About 26 Years R/o - Village - Khutgaon, Police Station - Devbhog, District - Gariyaband (C.G.)

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... Applicant(s)

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versus

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1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Devbhog, District - Gariyaband (C.G.)

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... Respondent(s)

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For Petitioner(s) : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Rishabh Bisen, PL

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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05/08/2025

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The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 293/2024 registered at police station Devbhog, District Gariyaband (CG) ) for the offence punishable under Sections 137(2),87,64(2)(m) and 3(5) of the BNS Act, 2023 and Sections 4 and 6 of the POCSO Act, 2012.

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Prosecution case in brief is that a report was lodged by father of the prosecutrix alleging that the applicant developed physical relation with the prosecutrix on the pretext of marriage. It is also alleged that on the date of incident ie. 13.09.2024, in the night when she came out for bathroom, the applicant and the co-accused persons covered her with a dupatta from behind and took along with them in the motorcycle to the house of his aunt. On the way, the applicant stopped the motorcycle and committed sexual intercourse with her. The next morning, the police came to the house of his aunt and recovered the prosecutri from the custody of the applicant and on the basis of the FIR lodged against the applicant and the co-accused, he was arrested on 14.09.2024.

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Contention of the counsel for the applicant is that the applicant has been falsely implicated in the crime in question and the entire case is fabricated and concocted. He submits that the prosecutrix was major aged about 17 years and 25 days and a consenting party. It is also submitted that they were having love affair and they resided together for sometime as husband and wife. He further submits that the coaccused has already been granted bail by this Court in M.Cr.C. No. 8308 of 2024 vide order dated 07.01.2025 and therefore the applicant may be granted similar benefit. Lastly, it is submitted that the applicant is in jail since 14.09.2024 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore the applicant be released on bail.

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Learned counsel for the respondent/State, on the other hand, has opposes the bail application. However, he submits that during trial, the prosecutrix and her father have been examined before the trial court and they have supported the prosecution case.

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Victim and her mother appeared through VC from the concerned DLSA and has raised objection for grant of bail.

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Heard counsel for the parties and perused the case diary with utmost circumspection.

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Considering the facts and circumstances of the case, the rival submissions made by the parties and further taking into consideration the fact that during trial the prosecutrix and her father were examined and the prosecutrix has supported the prosecution case and at the time of commission of the offence, the prosecutrix was minor. So far as the co-accused Abdul Rehman is concerned, he has only accompanied the applicant in his motorcycle and has not committed the offence of rape, therefore, the applicant cannot claim the ground of parity and I am not inclined to release him on bail. Accordingly, his bail application filed under Section 483 of the BNSS is hereby rejected. However, the trial court is directed to expedite the trial as expeditiously as possible.

Sd/-

(Arvind Kumar Verma)

Judge

Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date: 2025.08.07 11:19:45 +0530

Ramjan Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ramjan Khan v. State of Chhattisgarh

Case brief

What is this about?

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