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1961 DAILYLAW 1 (CHH)

REYAZUDDIN v. STATE OF CHHATTISGARH

MCRC/1961/2026 · 2026-03-31

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1961 of 2026 1 - Reyazuddin S/o Md. Jilani Sheikh, Aged About 35 Years, (Wrongly Mentioned In Order Sheet As Reaayuddin), Aged About 35 Years, R/o- Village- Jantanagar Jhopadpatti, 30 Feet Road, Near Hanuman Temple, Mandla, Mankhurd, P.S.- Mankhurd, Mumbai, (Maharashtra) ... Applicant versus 1 - State Of Chhattisgarh Through- S.H.O. Police Station- Balrampur District- Balrampur-Ramanujganj, C.G. ... Respondent For Applicant : Mr. Pushkar Sinha, Advocate. For State/Respondent : Mr. Akash Agrawal, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 01/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 13/2025 registered at Police Station - Balrampur, District-Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS, 2023 and Section 5(1)/6 of POCSO Act. 2. The prosecution's case, in short, is that the father of the victim lodged a missing report against an unknown person at Police Station Balrampur. During investigation, the victim was SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.04.01 16:59:36 +0530 2 recovered on 06.02.2025 from a Girl's Shelter Home, Panvel, District Raigarh, Navi Mumbai, whereupon her statement was recorded. She alleged that the applicant induced and abducted her and committed sexual intercourse with her on several occasions, pursuant to which the aforesaid offences have been registered against the applicant, and he was arrested on 12.02.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, with no connection to the alleged offence. He further submits that the victim was recovered from a Girl's Shelter Home, Panvel, District Raigarh, Navi Mumbai, and not from the possession or custody of the applicant. He next submits that the father and maternal uncle of the victim have been examined, and her father stated that the victim is presently missing again, as she went somewhere without informing the family, and a missing report has been lodged. He further submits that, as per the charge- sheet, charges were framed on 13.05.2025, and thereafter, the case has been listed for recording the victim's statement about 12 times. Despite issuance and service of summons, the victim has failed to appear before the trial Court. The applicant has no criminal antecedents and has been in jail since 12.02.2025 and the trial is likely to take considerable time to conclude, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of the incident, the 3 victim was a minor, and she supported the prosecution's case in her statement recorded under Section 183 of BNSS. Out of a total of 12 witnesses, only 2 have been examined till date; therefore, at this stage, the applicant should not be released on bail. 5. Despite service of notice to the brother of the victim, he has not appeared before this Court today. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that again the victim left her house without informing her family members, the applicant has been in jail since 12.02.2025, only 2 out of 12 witnesses have been examined till date, and the trial is likely to take considerable time to conclude, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.