Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23073
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3743 of 2025 Sanjay Kumar Baghel S/o Dharmu Baghel Aged About 33 Years R/o Bhukamp Atal Awas Bahtarai Road, P.S. Sarkanda, District Bilaspur C.G.
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur C.G.
... Non-applicant For Applicant : Mr. D.K. Vishwakarma, Advocate For State/ Non-applicant : Ms. Vaishali Mahilong, 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. 806/2024 and Special Criminal Case (POCSO) No. 125/2024 registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 376 (2)(ढ), 376(3) of IPC and 5(ठ),(त्र)(2)/6 of POCSO Act, 2012. The bail application has been rejected the learned Trial Court vide judgment dated 18.11.2024. AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.06.12 14:55:58 +0530
2 2) As per the prosecution story, the complainant has lodged report before Police Station- Sarkanda, Bilaspur to the effect that applicant has committed sexual intercourse with her at several places between 08.07.2021 to 19.11.2023 during which, prosecutrix was minor and later on, refused to marry her. Based on such complaint, police has registered the offence punishable U/s Sections 376 (2)(ढ), 376(3) of IPC and 5(ठ),(त्र)(2)/6 of POCSO Act, 2012 against the applicant. 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 incident took place on 08.07.2021 and the case has been registered on 19.07.2024 and charge-sheet has been filed on 20.08.2024. He also submits that the applicant has been in jail since 20.07.2024 thus, 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 through video-conferencing with the help of DLSA, Bilaspur 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 from 08.07.2021 to 19.11.2023, the victim was subjected to sexual assault by the applicant ; at that point of time, the victim was minor ; and thereafter, she got pregnant and applicant left her. Further, the victim appeared before this Court and vehemently objected the bail application filed by the applicant. 3 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 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