Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23547
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3801 of 2025 1 - Brijesh Mahilange S/o Ishwari Mahilange Aged About 24 Years R/o Gram Nagpura Sargaon, Police Station - Sargaon, District- Mungeli Cg
... Applicant versus 1 - State of Chhattisgarh through Police Station - Bhatapara Aarakshi Kendra Bhatapara ( Gramin ) Distt- Baloda Bazar -Bhatapara C.G
... Respondent For the applicant : Mr. Rohit Sharma, Advocate. For the State : Mr. Pranjal Shukla, Dy. G.A. (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 12/06/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 45 of 2025 registered at Police Station Bhatapara (Gramin) District Baloda Bazar – Bhatapara for the offences under Sections 137(2), 96, 64 of BNS 2023 and sections 4 & 6 of the POCSO Act.
2. The prosecution version is that the complainant lodged a report that on 17.01.2025 her minor daughter had gone to school and when
2 she did not return from school, a missing report was lodged in the Police Station and tduring investigation, the girl was recovered on the same day and the accused was arrested on 23.01.2025.
3.
Learned counsel for the applicant submits that the prosecutrix has voluntarily accompanied the applicant and no offence is made out against him. He further submits that the prosecutrix has been examined and she has categorically stated that applicant did not commit any act against her, she used to talk with the applicant through Mobile and she loved with him. He next submits that the prosecutrix herself has stated that she has attained the age of 19 years. He submits that the applicant is in jail since 23.01.2025 and looking to his custody period, the applicant may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that it has come in the statements of victim, her parents that, the applicant forcibly took away the girl on the point of knife.
5. The victim girl and her father are present in person and they have objected to bail.
6. Having considered the submissions made by learned counsel for the parties and the material placed on record and after perusal of the trial court order and case diary documents, I am of the opinion that it is not a fit case to release the applicant on bail, at this stage. Accordingly, the bail application is rejected. However, the trial Court is directed to expedite the trial and ensure that the trial is concluded at the earliest.
Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao