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2025 DAILYLAW 13864 (CHH)

MAHESH PATHAK v. STATE OF CHHATTISGARH

MCRC/2321/2025 · 2025-06-08

Shri Sanjay Kumar Jaiswal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2321 of 2025 Mahesh Pathak S/o Late Dharam Prakash Pathak Aged About 36 Years R/o Shanti Nagar Chuoghda Manendragarh, Police Station Manendragarh, District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Manendragarh, District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent For Applicant : Mr. Ramcharan Sahu, Advocate For Respondent : Mr. Karan Kumar Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09.06.2025 1. On 08.05.2025, the victim appeared through virtual mode from DLSA Manendragarh and raised objection in granting bail to the applicant. 2. Heard on the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.10 17:55:06 +0530 2 of regular bail to the applicant who has been arrested in connection with Crime No.198/2021 registered at Police Station Manendragarh, District Manendragarh-Chirmiri-Bharatpur (CG) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, took her with him to various places and had sexual intercourse with her on the pretext of marriage. Subsequently, on the report of the victim, the applicant was arrested on 08.01.2025. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the documents submitted by the prosecution regarding the age of the prosecutrix is suspicious and at the relevant time, she was a major lady. He further submits that the applicant is in jail since 08.01.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the 3 material collected and available on record, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai