RAMLAL DHURVE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the First bail application filed under Sec. 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 08 of 2025 registered at Police Station : Jainagar, District - Surajpur (C.G.) for the offence punishable under Ss. 64(2(k) & 331(3) of the Bharatiya Nyaya Sanhita, 2023.

(2.) The prosecution case, in brief, is that on 2/1/2025 at about 05:00 PM when the prosecutrix was alone at house, the applicant who is her neighbour came asking for food and then grabbed her and took her to cow shed and committed forced sexual intercourse with her and when she shouted her daughter came and saw the incident and called her father/victim's husband from outside, on which the applicant ran away from the spot.

(3.) It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He would further submit that though the victim is a married lady aged about 45 years and though she has made allegation of rape against the applicant but the same does not collaborate with the medical report as the MLC report of the victim has been found to be negative and the FSL report has not been submitted till date. It is further argued by learned counsel for the applicant that the alleged act between the victim and the applicant was consensual in nature and it is evident from the statement of the victim recorded under Sec. 161 of the CrPC/ Sec. 180 of the BNSS that when the victim was seen with the applicant in a compromised position by her daughter, the FIR was lodged in an afterthought circumstances implicating the applicant. It is further submitted that the applicant is 35 years of age and he has no criminal history. That the applicant is in jail since 4/1/2025 and the conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail.