Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23872
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4091 of 2025 • Yashwant Yadav S/o Late Ram Singh Yadav, Aged About 38 Years, R/o Ward No. 3, Kumhar Para Sambalpur, Police Station Bhanupratappur, District- North Bastar Kanker (C.G.)
... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Stataion Bhanupratappur, District- North Bastar Kanker (C.G.)
... Respondent For Applicant : Mr. Purnendra Khichariya, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 13 / 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. 153/2021 registered at Police Station – Bhanupratappur, District – North Bastar Kanker (C.G.) for the offence punishable under Section 363, 366, 496 and 376(3) of IPC SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.16 10:34:06 +0530
2 and Section 4 of POCSO Act and Section 3(2)(v) of SC/ST Act. 2. The prosecution case, in brief, is that on 10.07.2021, the complainant lodged complaint that her daughter aged 13 years was missing and it may be possible that someone has taken her without knowledge. Based on the written complaint, the police has arrested the applicant and has registered the case for the offences as mentioned above. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the applicant has no criminal antecedents and he is in jail since 31.07.2021 about 04 years. 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 opposes the bail application and submits that at the time of incident, the victim was aged about 13 years and out of 45 witnesses only 17 witnesses have been examined till date and there are some important witnesses still remained for examination, therefore, at this stage, he may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3
6.
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 only 17 witnesses out of 45 witnesses have been examined and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 7. However, considering the fact that the applicant is in jail since 31.07.2021 about 04 years. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible preferably within a period of 05 months. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal)
Judge Sourabh P.