Chattisgarh High Court
Raja Maliya Shikari vs State Of Chhattisgarh on 22 September, 2025
1/4
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 726 of 2025
1 - Raja Maliya Shikari S/o Bhaskar Aged About 21 Years R/o Chorhadevri,
P.S. - Kota, District - Bilaspur Chhattisgarh
... Appellant(s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, P.S. Kota,
District - Bilaspur Chhattisgarh
... Respondent(s)
(Cause title taken from Case Information System)
Order sheet
22/09/2025 Mr. Sandeep Yadav, 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
VED
PRAKASH the judgment of conviction and order of sentence dated
DEWANGAN
20.03.2025, passed in Sessions Trial No. 20/2022, by
learned Additional Sessions Judge (F.T.C.), Bilaspur (C.G.),
19:33:13 +0530
in the following manner:-
Conviction Sentence
U/s. 376 of the IPC Rigorous Imprisonment for 10 years
and fine of Rs. 2000/-, in default of
payment of fine further R.I. for 02
months.
Learned counsel for the appellant would submit that,
the allegation against the brother-in-law of the victim is that,
the victim was being harassed by her husband, for which
she was residing at her parents' house. It is alleged that on
the date of incident, the appellant, who is brother-in-law of
the victim, had gone to her house and committed rape upon
her in the night and the next morning, she informed the
incident to her parents and asked the family members of the
appellant to call the village meeting, and since the village
meeting has not been called by his family members, she
lodged the report. He would further submit that after about
two months of the date of alleged incident, the report has
been lodged, which is highly belated. It would not be
possible for the appellant to commit rape upon the victim on
the alleged night, when the other family members are also
there in the adjoining rooms. The evidence of the victim is
highly suspicious with respect to the alleged incident. No
injuries have been found on the body of the victim. The
appellant was on bail during the trial and presently is in jail
since 20.03.2025, 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, the learned counsel for the State
opposes.
Considering the submissions made by learned counsel for
the parties, considering the evidence of the victim (PW-5), her
medical report and also the fact that report has been lodged after
about two months, and also considering the totality of the
evidence of the victim as well as the fact that the appellant was on
bail during the trial, I am inclined to release the appellant is 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
