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2025 DAILYLAW 16247 (CHH)

RAMJAN ANSARI v. STATE OF CHHATTISGARH

MCRC/2636/2025 · 2025-05-07

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:21505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2636 of 2025 1 - Ramjan Ansari S/o Suddin Ansari Aged About 50 Years R/o Bailajhakhada, P.S. Dankai, District Gadwa, Jharkhand. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, along with Mr. Utakarsh Patel, Advocate. For Non-applicant(s) : Mr. Vivek Sharma, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08/05/2025 1. Pursuant to the order dated 04.04.2025, the victim appeared through virtual mode from DLSA, Balrampur and submitted that she has no objection in granting bail to the applicant, her submission is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 21.10.2024 in connection with Crime No. 311/2024 registered at Police Station Rajpur, District Balrampur- Ramanujganj (C.G.) for the offence under Section 137(2), 96, 65(1), 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2 3. The case of the prosecution is that on 18.10.2024, the sister of the victim lodged a report to the police that her younger sister is being kidnapped by the present applicant and his son Ahmad Raja Ansari on his motorcycle and her whereabouts could not be traced out. The police has registered the FIR under Section 137(2) of BNS, 2023 and started investigation. During the investigation on 19.10.2024 the co-accused Ahmed Raja Ansari left the victim to village Bhadar and fled away. After recording her statement the other offence of Section 96, 65(1) and 351(2) of BNS, 2023 were added. The applicant has been arrested on 21.10.2024 and chare-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no allegation of rape against the present applicant, he is the father of the co-accused Ahmed Raja Ansari against whom the charge of rape is there. It is only allegation against the present applicant that he kidnapped the victim along with co- accused. The applicant is in jail since 21.10.2024, the final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation against the present applicant and the material collected during the investigation, further considering that there is no allegation of rape against the present applicant and he being the father of the co-accused allegedly assisted in kidnapping the victim, the applicant is in jail since 21.10.2024 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Ramjan Ansari for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- 3 (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.08 18:17:54 +0530