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2025 DAILYLAW 23079 (CHH)

SANT KUMAR CHOUHAN v. STATE OF CHHATTISGARH

MCRC/3892/2025 · 2025-06-15

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:24654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3892 of 2025 Sant Kumar Chouhan S/o Shri Balaram Chouhan Aged About 21 Years R/o Village - Kotgarh, P.S. And Tahsil Akaltara, Dist - Janjgir-Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O., P.S. Shivrinarayan, Dist - Janjgir- Champa Chhattisgarh ... Respondent For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Ms. Sunita Manikpuri, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16/06/2025 1. Service report of notice issued to the victim received unserved with a note that the victim and her parents gone out to earn their livelihood. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 261/2024, registered at Police Station – Shivrinarayan, District- Janjgir-Champa (C.G.) for offence punishable under Sections 363, 366, 376(2)(N) of IPC and Sections 4,6 of the POCSO Act 2012. Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.18 10:28:38 +0530 2 3. The prosecution story, in short, is that the complainant appeared at the concerned police station and filed a report on 28.06.2024 that the victim being lured and kidnapped by an unknown person. During investigation, the victim was recovered from the possession of the applicant/accused on 27.12.2024. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim was a consenting party, they had a love affair and she herself went to the applicant on her own will. He further submits that the charge-sheet has been filed and charges have been framed but, till date no witnesses have been examined. At the time of hearing of bail application before the Trial Court also, the victim and her parents not appeared before the Trial Court. Further, the applicant is in jail since 27.12.2024 and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor. Therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, nature of offence and further considering that important witnesses remain to be examined, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham