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2025 DAILYLAW 20050 (CHH)

VIVEK @ VISHAL SHRIWAS v. STATE OF CHHATTISGARH

MCRC/3391/2025 · 2025-06-16

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:24914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3221 of 2025 • Inder Patel S/o Shri Vinod Patel Aged About 19 Years R/o Ward No. 4, Charpara, P.S. Baloda, District Janjgir-Champa (C.G.). --- Applicant versus • State Of Chhattisgarh Through S.H.O. P.S. Baloda, District Janjgir-Champa (C.G.). --- Respondent For Applicant : Mr. Ravindra Sharma, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. MCRC No. 3391 of 2025 • Vivek @ Vishal Shriwas S/o Ganga Ram Shriwas, Aged About 19 Years, R/o Ward No. 11 Village Adbhar, Chowki Adbhar (Wrongly Mentioned In Impugned Order) Thana Malkharauda, District Sakti, Chhattisgarh. ---Applicant Versus • State Of Chhattisgarh Through The Station House Officer, Police Station Baloda, District Janjgir-Champa, Chhattisgarh. --- Respondent For Applicant : Mr. Vivek Singhal, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.18 17:32:36 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17 / 06 / 2025 1. The accused/applicants have moved this first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for releasing them on regular bail during trial in connection with Crime No. 18/2025 registered at Police Station Baloda, District-Janjgir Champa (C.G.) against the applicants for the offence punishable under Sections 137(2), 96, 64, 61(2) of BNS and Section 4,6 of POCSO Act. 2. The prosecution case, in brief, is that on 18.01.2025, the father of the prosecutrix lodged the report stating that some unknown persons have abducted his daughter. On the basis of said complaint, the police has registered the missing and during the investigation, the prosecutrix has been recovered from the main accused namely Rahul Shriwas on 25.01.2025 and her statement was recorded. On the basis of statement of victim, the offences as mentioned above has been registered and charge-sheet has been filed against the present applicants. The allegations against the present applicants is that they helped the main accused. 3. Learned counsel appearing for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that there is no allegation against the applicants regarding the sexual intercourse and the only allegations against the present applicants is that they 3 helped the main accused. It is further submitted that the applicants have no criminal antecedent and applicant namely Inder Patel in MCRC No.3221/2025 is in jail since 20.03.2025 and the applicant namely Vivek @ Vishal Shriwas in MCRC No. 3391/2025 is in jail since 23.03.2025. 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 now victim has not been examined, therefore, at this stage, he may not be enlarged on bail. 5. Victim and her father appeared before this Court today and have raised objection to the bail application of the applicants. 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 now victim has not been examined, therefore, at this stage, I am not inclined to release the applicants on bail. 8. Accordingly, the bail applications filed under Section 483 of BNSS, 2023 are rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.