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2025 DAILYLAW 17997 (CHH)

MUKESH YADAV v. STATE OF CHHATTISGARH

MCRC/3065/2025 · 2025-06-12

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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2025:CGHC:23871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3065 of 2025 1 - Mukesh Yadav S/o Parshuram Yadav Aged About 27 Years R/o Ganesh Nagar, Near Kachna Fatak, Khamhardih, Distt. - Raipur (C.G.), (Father Name is wrongly mentioned in the order sheet) ... Applicant versus 1 - State of Chhattisgarh through - P.S. - Khamhardih, Distt. - Raipur (C.G.) ... Respondent For the applicant : Mr. J.K. Gupta, Advocate For the State : Mr. Vivek Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 13/06/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 156/2024 registered at Police Station Khamhardih, District Raipur Chhattisgarh for the offences under Sections 376(A B), 506, 342 of IPC and section 4 of the POCSO Act. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.17 14:53:24 +0530 2. The prosecution version is that the mother of victim girl has lodged the written report on 27.03.2024 that the accused took away her minor daughter to his house on 08.03.2024 and committed sexual intercourse with her daughter, thereby offence has been committed. 3. Learned counsel for the applicant submits that the incident is said to have taken place on 08.03.2024 and the report was lodged much after 19 days that is on 27.03.2024, and there is inordinate delay in lodging the FIR. He refers to the statement of the girl and submits that no blood was found on her private part and the applicant has been falsely implicated. He submits that the applicant is in jail since 28.03.2024 and there is no immediate possibility disposal of trial and looking to his long custody period of about 15 months, he may be enlarged on bail, at this stage. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the girl was aged about 6 years and after the incident, she disclosed the incident to her aunt ( Mami). 5. The parents of the victim-girl have appeared and objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the material placed before me, I do not feel it appropriate to enlarge the applicant on bail. Accordingly, the bail application is rejected. 7. However, considering the facts situation of the case, the trial Court is directed to expedite the trial and to ensure that the trial is concluded as early as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Rao