Satish Gond vs State Of Chhattisgarh
2025 Latest Caselaw 3898 Chatt

Chattisgarh High Court

Satish Gond vs State Of Chhattisgarh on 23 April, 2025

                                        1




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                          CRA No. 2110 of 2024

1 - Satish Gond S/o Chhotelal Gond Aged About 29 Years R/o Village Baima
Dumarpara Police Station Khadganva District - Koriya (C.G.).
                                                            ... Appellant


                                   versus
1 - State Of Chhattisgarh Through Police Station Khadganva District -Koriya
(C.G.)
                                                      ... Respondent

Order Sheet

23/04/2024 Mr. Rohitashav Singh, learned counsel appearing for the appellant.

Ms. Priya Sharma, learned Panel Lawyer appearing for the State/ respondent .

Heard on the application for suspension of sentence and grant of bail (IA No. 1 of 2024).

The appellant has been convicted and sentenced by judgment dated 23.09.2024, passed by the learned Additional Session Judge, Chirmiri, District- Koriya (C.G.) in Sessions Trial No. 59 of 2016 by which the appellant has been convicted and sentenced as under:

No. Conviction Under Sentence Section

1. 376(2)(f) R.I. for 10 years and fine of 500/- in default of payment of fine amount further R.I. for 1month

Learned Counsel for the convict/appellant submits that the appellant has been falsely implicated in the present case. He submits that there is no sufficient proof of the age of the victim. The FSL report is found negative and there is material inconsistency between the evidence of the victim as well as of the other witnesses. The appellant is in jail since 08.01.2023. The appeal is of the year 2024 and final adjudication of the same will take its own time, hence it is prayed that the appellant be enlarged on bail.

On the other hand, learned counsel for the State/respondent has opposes the bail application and has submitted that the victim who is aged about 8 years old girl having subjected to rape by the appellant. Her MLC report has been found positive and the injuries have also been found on her private part and she has duly supported the case of the prosecution which corroborates the other

evidences. The appellant was remained absconding from 2011 to 2023 and therefore, he is not entitled for grant of bail.

I have heard learned counsel for the parties and perused the records of the Court below.

Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during investigation particularly considering the age of the victim at the time of incident and further considering her evidence and as per her medical report, the injuries have been found on her private part and also that from 2011 to 2023, the appellant was remained absconding, I am not inclined to released the appellant on bail. Accordingly, the I. A. No. 1 of 2024 is rejected..

List this matter for final hearing in due course.

Digitally signed by Certified copy, as per rules.

AMITA                                                           Sd/-
DUBEY
Date:                                             (Ravindra Kumar Agrawal)
2025.05.01                                                JUDGE
10:01:53
+0530




   amita