Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27780
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3308 of 2025 Moloy Nandi S/o Late Utpal Nandi Aged About 50 Years R/o Village - Devarikhurd, Near Satbahaniya Temple, Police Station - Torwa, District - Bilaspur (C.G.)
... Applicant versus State Of Chhattisgarh Through - Police Station - Torwa, District - Bilaspur (C.G.)
... Respondent For Applicant : Mr. Bhaskar Payashi, Adv. For Respondent/State : Mr. Sunita Sahu, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25/06/2025
1. The victim has appeared through virtual mode from concerned DLSA before this Court on 20.06.2025 and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 129/2025, registered at Police Station – Torwa, District- Bilaspur (C.G.) for offence punishable under Sections 376(2)(n), 506 of the IPC and Sections 4 & 6 of the POCSO Act, 2012. Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.25 16:37:02 +0530
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3. The prosecution story, in short, is that the applicant/accused, Molay Nandi, forcibly established physical relations with the minor prosecutrix, who is step daughter of the applicant and was below 18 years of age at the time of incident, and threatened to implicate her in a theft case and also lodge a false report against her. Based on above, written report has been lodged by the victim against the applicant in which offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that due to family dispute, a false report has been lodged against the applicant. The victim was left the house of the applicant on 02.06.2024 and FIR has been lodged on 22.03.2025. He lastly submits that the applicant is in jail since 22.03.2025, out of 16 prosecution witnesses, only 1 has been examined till date and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5.
Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant and the nature of offence, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham