AMBIKESH KUSWAHA @ SANJU KUSHWAHA v. STATE OF CHHATTISGARH
MCRC/3770/2025 · 2025-06-10
Shri Sanjay Kumar Jaiswal
body2025
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[ 2025 DAILYLAW 22110 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 22110 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:23075
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3770 of 2025 Ambikesh Kuswaha @ Sanju Kushwaha S/o Shankar Kushwaha Aged About 21 Years Caste- Koyeer, R/o Vill Revati Bodraband, Chowki- Revati, Police Station Chandoura, Distt- Surajpur (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Chowki- Revati, Police Station Chandoura, Distt- Surajpur (C.G.)
...Non-applicant For Applicant : Mr. Dashrath Kushwaha, Advocate For State/ Non-applicant : Ms. Priya Sharma, P.L. Hon’ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board 11-06-2025 1) This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by the applicant before this Court for the grant of regular bail in connection with Crime No. 11/2025 registered at Police Chowki – Revati, Police Station – Chandoura, District – Surajpur (C.G.) for the offence punishable under Sections 74 and 78 of the B.N.S. and Section 8 of POCSO Act, 2012. AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.06.12 14:56:00 +0530
2 2) As per the prosecution story, the applicant tried to outage the modesty of the prosecutrix on 25.01.2025 when she was on the way to school. The FIR was lodged on 26.01.2025 and charge-sheet was filed on
01.03.2025. 3) Learned counsel for the applicant submits that applicant has falsely been implicated in connection of this crime and the allegations are baseless. He further submits that there are no criminal antecedents against the present applicant and he is in jail since 06.02.2025. He also submits that prosecutrix has not been examined and thus, trial will take time, therefore, he prays for the grant of bail to the present applicant. 4) On the other hand, the learned counsel for the State submits that there is specific allegation against the applicant in the FIR and looking into the nature of the offence, the present bail application deserves to be rejected. 5) Prosecutrix appearing with her mother through video-conferencing with the help of DLSA, Surajpur has raised objection against the bail application. 6) Heard learned counsel for the parties and perused the case diary. 7) From a perusal of the case diary, it appears that applicant tried to outage the modesty of the prosecutrix on 25.01.2025 and she was minor at the relevant time. Further, the victim appeared before this Court and vehemently objected the bail application filed by the applicant.
8) Taking into consideration the above-discussed facts, in the opinion of this Court, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, concerned trial Court is directed to expedite the
3 trial and to ensure that the trial is concluded as expeditiously as possible. 9) Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) JUDGE Ajinkya