Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22810-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 896 of 2025 Maniram S/o Agar Sai Aged About 39 Years Occu- Labour R/o Village Tangargaon Ward No. 16, P.S. Kasabel, District Jashpur (C.G.)
... Appellant versus State of Chhattisgarh Through Station House Officer, P.S. Bagbahar District Jashpur (C.G.)
... Respondent For Appellant : Mr. Nishikant Sinha, Advocate For Respondent : Mr. Shailendra Sharma, Panel Lawyer Hon'ble
Shri
Ramesh Sinha, Chief Justice
Hon'ble
Shri
Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha, C.J.
10.06.2025
1. Heard Mr. Nishikant Sinha, learned counsel for the appellant as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent.
2. This criminal appeal under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 21.03.2025 passed by the Special Judge (NIA Act), Ambikapur, District – Surguja in Bail Application No.167/2025 by which the ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA
2 appellant's application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.05/2025, registered at Police Station Bagbahar, District- Surguja (C.G.) for punishable under Sections 137(2), 143(5), 144(1) of BNS, has been rejected finding no merit.
3. As per case of the prosecution, on 06.10.2024, the appellant has allured both victim girls to provide them job and took them to Karnataka without taking consent of their parents and provided them job at sugarcane filed for which Rs. 500/- per week was paid to them, however, the appellant has promised them to pay Rs.8,000/-. Hence, report was lodged on 11.01.2025 by the father of the victim and victims were brought back by the police from Karnataka, thereafter, the appellant was arrested on 31.01.2025. The appellant preferred an application U/s 483 of BNSS before the learned Special Judge (NIA Act), Ambikapur, District – Surguja, which has been rejected by the order dated 21.03.2025, against which, this criminal appeal has been filed.
4.
Learned counsel for the appellant submitted that the appellant has been falsely implicated in the instant case though he has neither committed nor participated in any such act. He further submitted that allegation against the appellant has been made in afterthought circumstances when the amount promised to the father of the victim was not paid to them, otherwise the appellant went to work in sugarcane field and the father of victims sent their children along with the appellant to work in the same sugarcane
3 filed for which they were paid Rs.500/- per week, however, the appellant promised them payment of Rs. 8,000/- per month, therefore, dispute arose and victims family lodged the false report. He also submitted that the appellant has not exploited the victim girls and he has provided them job where he use to work to earn livelihood for his family, but when the dispute in relation to less wage arose then the victims father had lodged report otherwise no report as such was lodged since 06.10.2024 when the victim girls left their respective houses. He lastly submitted that the there is no criminal history of the appellant and he is in jail since 31.01.2025, the charge-sheet has already been filed and the trial is likely to take time, therefore, the impugned order is liable to be set aside and the appellant is entitled to be released on regular bail. 5. On the other hand, Mr. Pawan Kesharwani, learned Panel Lawyer, appearing for the State/respondent opposed the appeal, however, submitted that there is no previous criminal antecedent of the appellant. 6. We have heard the learned appearing for the parties, considered their rival submissions made herein-above and also went through the records with utmost circumspection. 7. Considering the nature and gravity of the allegation levelled against the appellant, statement of the victim recorded by the concerned police station and further considering the fact that
4 charge-sheet has already been filed and the appellant has no previous criminal antecedent, the impugned order dated 21.03.2025 passed by the Special Judge (NIA Act), Ambikapur, District – Surguja in Bail Application No.167/2025 is set-aside and the instant appeal is allowed. 8.
Let applicant, Maniram, involved in Crime No.05/2025, registered at Police Station Bagbahar, District- Surguja (C.G.) for the offence punishable under Sections 137(2), 143(5), 144(1) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned Special Judge, for his appearance as and when directed. 9. It is made clear that any observation made in this order is only for the purpose of deciding the application under Section 483 of the BNS and this Court has not made any observation on the merits of the matter and the trial Court shall decide the matter strictly as per material available on record without being influenced by any observation made in this order. Sd/- Sd/-
(Bibhu Datta Guru)
(Ramesh Sinha)
Judge Chief Justice Chandra