Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2925 of 2025 Suraj Mishra S/o Jai Kumar Mishra Aged About 24 Years R/o Village Hirapur Mall Toll, Police Station Talwai, District - Madhubani, Bihar, Current Address - New Ashok Nagar, Dallupura, Delhi 110096
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kabir Nagar, District Raipur Chhattisgarh
... Respondent For Applicant : Mr. Y. C. Sharma, Sr. Advocate with Mr. Aishwary Diwan, Advocate For Respondent : Mr. Vivek Mishra, Panel Lawyer
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 11/06/2025
1. The victim along with her father appeared before this Court today and objected in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 11/2025, registered at Police Station – Kabir Nagar, District- Raipur (C.G.) for offence Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.13 10:56:42 +0530
2 punishable under Sections 65 of BNS and Section 4, 6 of the POCSO Act. 3. The prosecution story, in short, is that the victim lodged a written complaint at Police Station Kabir Nagar on 17.01.2025, stating that in April 2024, she had gone with her mother to her maternal grandmother’s house located at Village Rahika, District Madhubani, Bihar. There, she met the accused and became acquainted with him. They used to talk frequently. In August 2024, the accused came and stayed in Raipur for about 15–20 days. During that period, the accused established physical relations with her on the pretext of marriage. The accused resides in Delhi, in a rented house in Dallupura, along with his family — mother, father, sister, and brother. When the accused called her to Delhi, she went there at his request and started living at his house. There, the accused continued to have physical relations with her. When she told him that she would inform her parents about this, the accused started threatening and intimidating her. As a result, she returned alone to Raipur. A few days later, the accused also came to Raipur, where she informed him that she was four months pregnant. Upon hearing this, the accused started threatening her to get the pregnancy terminated. Based on above, offence has been registered against the applicant. 4.
Learned Senior Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim was a consenting party as there was a love affair between the applicant and the victim. The victim herself went to the applicant on her own free will. Both of them had performed marriage with each other. The applicant is willing to keep the victim in his house. He further said that there is a contradiction in the date of birth of the victim presented by them and the document presented by the prosecution. The applicant is in jail since 18.01.2025 and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor. He further submits that the charge-sheet has been filed and
3 important witnesses are remain to be examined. Hence, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant and further considering that the victim and other important witnesses of the case have not been examined before the Trial Court, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham