Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23549
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3790 of 2025 1 - Suraj Yadav S/o Shri Heeraram Yadav Aged About 23 Years R/o - Village - Aworai, Thana - Kasdol, Distt - Balodabazar-Bhatapara, Chhattisgarh.
... Applicant versus 1 - The State of Chhattisgarh through Station House Officer, Police Station Kasdol, Distt - Balodabazar-Bhatapara, Chhattisgarh.
... Respondent For the applicant : Mr. Sunil Sahu, Advocate For the State : Ms. Priya Sharma, Panel Lawyer. For the objector : Mr. Vidya B. Som, Advocate (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. 168/2025 registered at Police Station Kasdol District A ANNAJEE RAO Digitally signed by A ANNAJEE RAO
2 Baloda Bazar – Bhatgapara Chhattisgarh for the offences under Sections 74, 331(2) of BNS, 2023 and Section 8 of the POCSO Act.
2. The prosecution version is that on 11.03.2025 in the night when the victim girl was sleeping at about 11.30 p.m., the accused entered into her room, caught hold of her arms with an intention to outrage her modesty and when she raised voice, her brother came there and shouted at applicant and immediately thereafter the matter was informed the villagers and Police.
3.
Learned counsel for the applicant submits that there were love relation between the applicant and the prosecutrix for a considerable time and the applicant has been falsely implicated by projecting a fabricated story. He submits that the applicant is in jail since 02.04.2025 and, therefore, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that the statement of the girl recorded u/s 164 CrPC shows that the accused after entering into her room forcibly caught hold of her and on resisting such act, she sustained injuries and her clothes got torn. She further refers to the statement of victim’s brother recorded u/s 161 CRPC and submits that when he heard the voice of his sister, he rushed to her room and saw the accused caught hold of victim with an intention to outrage her modesty.
5.
Learned counsel appearing for the objector also vehemently opposes the bail application.
6. Victim girl along with complainant/informant has appeared through VC and objected to grant of bail to the applicant.
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7. Having considered the submission of the learned counsel for the parties and after going through the case diary and the trial Court order and further considering the fact that the charge sheet has been filed and the trial has not commenced, I am of the opinion that it is not a fit case to release the applicant on regular bail, at this stage. Accordingly, the bail application is rejected. Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao