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2025 DAILYLAW 21146 (CHH)

JITENDRA YADAV v. STATE OF CHHATTISGARH

MCRCA/761/2025 · 2025-06-19

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Judgment text

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1 2025:CGHC:26492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 761 of 2025 Jitendra Yadav S/o Johar Yadav Aged About 33 Years R/o Village- Mahouatoli- Lodam, Police Station- Lodam, District- Jashpur Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Office-In-Charge, Police Station- Jashpur, District- Jashpur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 20.06.2025 1. The applicant has preferred this bail application under Section 482 of B.N.S.S. for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 14/2025, registered at Police Station – Jashpur, District- Jashpur (C.G.) for alleged commission of offence punishable under Sections 354-A, 506, 509, 342 of Indian Penal Code and under Sections 7, 8 of the Protection of Children from Sexual PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.23 16:30:09 +0530 2 Offences Act, 2012 and under Sections 3(1)(c)(ii), 3(2)(V-A) of SC/ST Act. 2. As per the case of the prosecution, on 20.01.2025, the aunty of victim lodged written FIR against the applicant that my elder sister has stayed on rental house in Sarnatoli, where the applicant keeps coming and going on the elder sister's houses to continue, meanwhile the applicant had tried to outrage the modesty of minor girl. Accordingly the crime 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 this case. He further submits that allegations made against the applicant by the aunty of the victim, the mother of the victim is innocent persons and she is ready to file application for Guardian Act. Further, the registered FIR doubtful only there is no other evidence against the present applicant. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, further considering the fact that after having perused the statement of the victim recorded under Section 183 of BNSS, there is a serious allegation levelled against the applicant that the applicant had sexually assaulted the victim who is aged about 11 years and 06 months, this Court deems it appropriate not to grant anticipatory bail to the applicant. 3 7. Accordingly, the Anticipatory Bail application of the applicant - Jitendra Yadav filed under Section 482 of B.N.S.S. for grant of Anticipatory Bail involved in Crime No. 14/2025, registered at Police Station – Jashpur, District- Jashpur (C.G.) for alleged commission of offence punishable under Sections 354-A, 506, 509, 342 of Indian Penal Code and under Sections 7, 8 of the Protection of Children from Sexual Offences Act, 2012, and under Sections 3(1)()(ii), 3(2)(V-A) of SC/ST Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti