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2025 DAILYLAW 23512 (CHH)

ASHISH BHARTI @ BITTU @ KHILENDRA v. STATE OF CHHATTISGARH

MCRC/4169/2025 · 2025-06-15

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:24659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4169 of 2025 Ashish Bharti @ Bittu @ Khilendra S/o Narottam Bharti Aged About 19 Years R/o Mehta Nagar, Hemu Kalyani Ward, Bhatapara, Police Station Bhatapara City, District Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Bhatapara City, District Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent : Ms. Prabha Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16.06.2025 1. The victim along with her parents appeared before this Court today and raised objection in granting bail to the applicant. 2. Heard the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular bail to the applicant who has been arrested in connection with Crime No.97/2025 registered at Police Station Bhatapara (city), District Balodabazar-Bhatapara (CG) for the offence punishable BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.17 18:19:00 +0530 2 under Sections 137, 87, 64(1) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, took her with him and had sexual intercourse with her several times on the pretext of marriage. On the report being made in this regard by the victim, the applicant was arrested on 11.03.2025. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is in jail since 11.03.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that charge sheet has been filed, trial has not commenced and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence, the material collected and available on record against the applicant and the fact that the trial has not commenced, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai