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2025 DAILYLAW 23169 (CHH)

ARJUN BAGHEL v. STATE OF CHHATTISGARH

MCRC/3877/2025 · 2025-06-17

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:25374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3877 of 2025 • Arjun Baghel S/o Nemichand Baghel (Wrongly Mentioned As Memichand Baghel), Aged About 20 Years, R/o Dongariya, Police Station Hathband, District Balodabazar Bhatapara Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Chowki Hathband, Police Station Simga, District Balodabazar Bhatapara Chhattisgarh. ... Respondent For Applicant : Ms. Ritika Verma, Advocate. For Respondent/State : Ms. Pragya Shrivastava, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 18 / 06 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 71/2025 registered at Chowki-Hathband Police Station – Simga, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.19 11:22:51 +0530 2 Section 137(2), 87, 64(2)(5), 65(1) of BNS and Section 04, 06 of POCSO Act. 2. The prosecution case, in brief, is that, on 15.04.2025, the mother of prosecutrix lodged a report in Police Chowki, Hathband regarding missing of her daughter and during course of investigation, the victim was recovered from the custody of the applicant. On the basis of said report, the offence was registered and the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further contended that on the last date of hearing i.e., 16.06.2025, the victim along with her mother appeared through video conferencing and made their no objection in granting bail to the applicant. She next submits that the applicant has no criminal antecedent and he is in jail since 22.04.2025. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application and submits that the victim has been recovered from the possession of applicant and at the time of incident, she was aged about 15-16 years and neither trial has been commenced nor victim has been examined, therefore, at this stage, he may not be enlarged on bail. 3 5. On 16.06.2025, victim along with her mother appeared through Video Conferencing and made their no objection in granting bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that neither trial has been commenced nor victim has been examined, therefore, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.