Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 11760 (CHH)

RAHUL KSHATRIYA v. STATE OF CHHATTISGARH

MCRC/1778/2025 · 2025-03-24

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1778 of 2025 • Rahul Kshatriya S/o Bhan Bahadur Kshatriya Aged About 23 Years R/o Near New Mangal Bada Bhawani Nagar Kota Police Station Saraswati Nagar, District Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station - Gudhiyari, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Shrivastava, Advocate For Non- applicant/State : ms. Sunita Sahu, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 24.03.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.375/2024, registered at PS - Gudhiyari, District-Raipur, C.G, for commission of offence punishable under Sections 363, 366, 376(2)(N) of IPC and Sections 4 and 6 of POCSO Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 11:46:10 +0530 2 2. Case of prosecution, in brief, is that on 10.05.2024 the complainant lodged a complaint that her daughter was missing thereafter a report was registered by the complainant under Section 363 of IPC. Then on 11.05.2024 the prosecutrix was recovered and upon enquiry it is stated that the applicant lured the prosecutrix and took her to Kota and on the pretext of marriage forcefully established physical relationship with her. 3. Learned counsel for the applicant submits that the age of the victim is 14 years and 7 month and she herself accompanied the present applicant. He would next contend that the prosecutrix did not disclose about the incident to anyone initially. He would lastly contend that the applicant is in jail since 12/05/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime and submits that according to charge-sheet applicant is a habitual offender and he has five previous criminal antecedent and he is a 23 year old and at present he is married, looking to the overt act application may be reject. 5. Heard learned counsel for the parties and perused the records. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, material available on record and further considering the fact that applicant has five previous criminal antecedent,I am not inclined to allow this bail application. 3 7. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge vaishali