Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:25376
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3109 of 2025 1 - Jagmohan Mathur S/o Late Nanku Mathur Aged About 34 Years R/o Birampur, Thana Dhadi, District Bemetara, Chhattisgarh. ... Applicant. versus 1 - State of Chhattisgarh, Through: Town Inspector, Thana Dhadi, District Bemetara, Chhattisgarh. ... Respondent For Applicant : Mr. T.K. Tiwari, Adv. For Respondent/State : Mr. Karan Baharani, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 18 / 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. 103/2024 registered at Police Station – Dhadi, District – Bemetara (C.G.) for the offence punishable under Section 376 AB of IPC and Sections 6 and 10 of POCSO Act. Digitally signed by HEERA LAL SAHU Date: 2025.06.18 17:32:34 +0530
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2. As per the prosecution’s case, it is alleged that on the date of the offence i.e. 17.06.2024, the applicant induced the minor victim (aged about 7 years and 7 months) and tried to establish physical relations with her when she was not of the age of consent. 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 no such offence has been done by the applicant, the report was lodged by the father of the victim with ulterior motives because the father of the victim had created a nuisance and dispute with the applicant while he was passing on his new bike from the front side of his house. The father of the victim had kept Babool spikes to obstruct his path; for that reason, there is a dispute between the complainant and the applicant. He also submits that the medical report is negative, the applicant is in jail since 19.06.2024, only 6 witnesses out of 16 witnesses have been examined till date, 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 has clearly supported the case of the prosecution and on the last date of hearing victim appeared through video conferencing and
3 raised objection. He also submits that the applicant committed a heinous offence with a minor girl, therefore, at this stage, he may not be enlarged on bail. 5. On 16.06.2025, the victim along with the informant/complainant had appeared through VC from the 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. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, 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. However, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. 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