Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26387
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3320 of 2025 1 - Suraj Yadav S/o Kanshiram Yadav Aged About 19 Years R/o- Taraud, P.S. Akaltara, District- Janjgir-Champa (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, P.S.- Janjgir, District- Janjgir-Champa (C.G.). ... Respondent For Applicant : Mr. Vikas Upadhyay, Adv. For Respondent/State : Ms. Vaishali Mahilong, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 20 / 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. 39/2025 registered at Police Station – Janjgir, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 137(2), 87, 65(1) of BNS, 2023 and Section 4 of POCSO Act. Digitally signed by HEERA LAL SAHU Date: 2025.06.20 18:22:19 +0530
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2. As per the prosecution’s case, the complainant lodged a report that her daughter studies in the 10th standard. On 13.01.2025 at 10 pm, the victim went to sleep in the room. At 12:00 am, when she looked at the room victim was not there; she had gone somewhere without informing anyone at the house. The victim was searched in the vicinity and doubted that any unknown person had kidnapped the victim. During the investigation, the victim was recovered from the possession of the applicant. As per the FSL report, human semen and stains were found. 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 victim was consenting party. He also submits that in the medical report of the victim no internal or external injury was found, the applicant is in jail since 14.01.2025, no witness has 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 supported the case of the prosecution and in FSL report human semen and stains were found.
She also submits
3 that the applicant committed a heinous offence with a minor girl aged about 15 years, therefore, at this stage, he may not be enlarged on bail. 5. Today, the victim along with her father 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, the nature of the crime and 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