Santosh Kumar Patel vs State Of Chhattisgarh
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Chattisgarh High Court

Santosh Kumar Patel vs State Of Chhattisgarh on 22 September, 2025

                                                            1




                                                                                          NAFR

                                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                               CRA No. 1388 of 2025

                   1 - Santosh Kumar Patel S/o Hariram Patel Aged About 40 Years R/o Village
                   Hardadih, Thana- Seepat Tahsil- Seepat, District- Bilaspur (C.G.)
                                                                                 ... Appellant(s)

                                                        versus

                   1 - State Of Chhattisgarh Through- S.H.O., P.S.- Koni District- Bilaspur (C.G.)
                                                                                                 ...

Respondent(s) (Cause title taken from Case Information System) Order sheet

22/09/2025 Mr. Avinash K. Mishra, Advocate for the appellant.

Ms. Priya Sharma, Panel Lawyer for the State.

Heard on I.A. No. 1 of 2025, which is an application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated VED PRAKASH DEWANGAN 20.06.2025, passed in Sessions Case No. 115/2024, by

learned Additional Sessions Judge (F.T.C.), Bilaspur (C.G.),

in the following manner:-

         Conviction                            Sentence

 U/s. 376(2)(n) of the IPC       Rigorous Imprisonment for 10 years
                                 and fine of Rs. 2000/-, in default of
                                 payment      of     fine    additional
                                 imprisonment for 02 months.
 U/s. 450 of the IPC             Rigorous Imprisonment for one year
                                 and fine of Rs. 500/-, in default of
                                 payment      of     fine   additional
                                 imprisonment for 15 days .

Learned counsel for the appellant would submit that the victim is a major girl, there is material contradiction in her 164 CRPC statement with that of her court's statement. Admittedly, the appellant came to the neighborhood of the house of the victim, a day before the alleged date of incident and it is alleged that on the same night, he committed rape upon the victim, which is practically not possible. He would further submit that while medically examining the victim, she has not disclosed the name of the appellant that he committed rape upon her. There is no injury found on the body of the victim. There are material omissions and contradictions in the evidence of the prosecution's witnesses. The appellant was on bail during the trial and has not misused the liberty granted to him. The appeal is of the year 2025 and final adjudication will take its own time, therefore, he may be enlarged on bail.

On the other hand, learned counsel for the State opposes.

Considering the submissions made by learned

counsel for the parties, considering the evidence available in the record, statement under Section 164 of CRPC of the victim (exhibit P/6) and her deposition before the Court, further considering the MLC report of the victim and also the fact that he was on bail during the trial, I am inclined to release the appellant on bail.

Accordingly, I.A. No. 01 of 2025 is allowed.

It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 04th of November, 2025. He shall thereafter appear before the Registry of this Court on all such subsequent dates as are given to him by the Registry, till disposal of this appeal. It is further directed that the appellant shall obey the following conditions:

(i) The appellant shall not indulge in any criminal activities further and shall not give any threatening to the victim/complainant.

(ii) The appellant shall appear before the Registry of this Court/trial Court as directed by this order on each date fixed in this regard.

List this appeal for final hearing in due course.

Sd/-

(Ravindra Kumar Agrawal) Judge

ved