Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23877
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3014 of 2025 1 - Lakheshwar Kashyap S/o Samaluram Kashyap, Aged About 18 Years And 9 Months, R/o Village Badebedari Bazarpara P.S. And District Kondagaon. Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Kondagaon District Kondagaon, Chhattisgarh. ... Respondent For Applicant : Mr. Abhishek Nirala, Adv. on behalf of Mr. P.K. Tulsyan, Adv. For Respondent/State : Ms. Laxmeen Kashyap, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 13 / 0 6 / 202
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1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 95/2025 registered at Police Station – Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Digitally signed by HEERA LAL SAHU Date: 2025.06.13 18:32:05 +0530
2 Sections 137(2), 87, 64(2)(m) of BNS and Section 6 of the POCSO Act. 2. It is alleged that on 26.02.2025, the applicant allured the victim, took her with him and on pretext of marriage committed sexual intercourse with her. Based on this offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the FIR has been lodged after a long delay without any satisfactory reason. He also submits that the applicant is in jail since 12.03.2025, and there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the victim was recovered from the possession of the applicant and the FSL report is positive, therefore, at this stage, he may not be enlarged on bail. 5. Today, the victim along with her mother appeared through video conferencing from concerned DLSA and raised her objection to grant bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 3
7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, charge sheet has been filed, but the trial has not commenced yet, at this stage, I am not inclined to release the applicant on bail.
Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal)
Judge H.L. Sahu