Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23864
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2988 of 2025 Shiva Kohli S/o Abhayram Kohli Aged About 18 Years R/o Village Sasaha, Police Station Pamgarh, District Janjgir Champa (C.G.) (Name Of Father Of The Applicant Is Wrongly Mention As Abhayram Kohali Instead Of Abhayram Kohli In Impugned Order Dated 30-01-2025 Passed By The Learned Court Below)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pamgarh, District Janjgir Champa (C.G.)
... Respondent For Applicant : Mr. Amit Kumar, Advocate For Respondent : Ms. Vaishali Mahilong, P.L. For Objector : Mr. Vikas Kumar Pandey, Advocate
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13/06/2025
1. The victim along with her father appeared before this Court today and recorded objection 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. 492/2024, registered at Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.13 17:18:10 +0530
2 Police Station – Pamgarh, District- Janjgir Champa (C.G.) for offence punishable under Sections 64, 64(2)(M) of BNS and Section 4, 6 of the POCSO Act. 3. The prosecution story, in short, is that the victim aged about 17 years 11 months 13 days lodged a report against the applicant stating that the accused, under the false pretext of marriage, established physical relations with her on multiple occasions without her consent. Based on above, offence has been registered against the applicant. 4. Learned 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. The applicant is in jail since 16.11.2024 and the trial is not commenced till date and is likely to take 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 one more offence under Sections 363 & 366 of IPC is pending against the applicant. Further, 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, nature of offence and further considering that statement of victim and other important witnesses are remain to be examined, 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