Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26385
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3329 of 2025 • Tuleshwawr Dhruw S/o Ganesh Dhruw Aged About 26 Years Caste- Gond, Resident Of School Para, Sarandi, P.S.- Tadoki, Tahsil- Antagarh, District- North Bastar Kanker (C.G.)
... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Tadoki, District- North Bastar Kanker (C.G.).
... Respondent For Applicant : Mr. Arun Kumar Shukla, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 20 / 06 / 2025
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. 11/2024 registered at Police Station – Tadoki, District – North Bastar Kanker (C.G.) for the offence punishable SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.20 16:55:10 +0530
2 under Section 137(2), 87, 65(1)/64(2) of BNS & Section 6 of POCSO Act, 2012. 2. The prosecution case, in brief, is that on 20.04.2022, the applicant abducted the victim without her will and without the consent of her lawful guardianship and took her to his house at village Sarandi and thereafter took her Koyambatur (Tamil Nadu), where detained her and during the course of detention, the applicant has committed sexual intercourse with her several times till 24.10.2024 on the pretext of marriage. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further contended that victim and her father have turned hostile and not supported the case of the prosecution. He further submits that the applicant has no criminal antecedents and he is in custody since
08.11.2024. 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 opposed the bail application and submits that at the time of incident, the victim was aged about 15 years and FSL report is also positive and out of 21 witnesses only 03
3 witnesses have been examined till date and there are some important witnesses still remained for examination, therefore, at this stage, he may not be enlarged on bail. 5. Today Victim appeared through D.L.S.A. Kanker and raised her objection in granting 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 and the evidence against the applicant, further considering the fact that out of 21 witnesses only 03 witnesses have been examined and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail.
8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, 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 Sourabh P.