Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31997
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4473 of 2025 1 - Naveen Kumar Lahri S/o Dauwaram Aged About 35 Years R/o Mangal Bazar Kohka Chowki Smriti Nagar, Durg, P.S. - Supela, District- Durg (C.G.). ... Applicant versus 1 - State of Chhattisgarh, Through - Station House Officer, Police Station - Supela Chowki Smriti Nagar, District- Durg (C.G.). ... Respondent For Applicant : Mr. Tarun Dansena, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 10 / 07 / 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. 1159/2024 registered at Police Station – Supela Chowki Smriti Nagar, District – Durg (C.G.) for the offence Digitally signed by HEERA LAL SAHU Date: 2025.07.10 18:03:37 +0530
2 punishable under Sections 115, 119(1), 296, 351(2) of BNS, and Section 4(2) of the POCSO Act. 2. As per the prosecution’s case, it is alleged that on 29.10.2024 at about 3:00 pm, in Smriti Nagar above the Mangal Bazar water tank, Kohka, the applicant committed sexual assault by inserting his penis into the anus of minor victim boy aged about 14 years who is deaf and dumb. Based on this offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He also submits that there is a civil dispute between the parties and therefore the present applicant has been falsely implicated in the case in hand. He next submits that the applicant is in jail since 31.10.2024, and 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 the applicant committed a heinous offence with a minor deaf and dumb boy; therefore, at this stage, he may not be enlarged on bail. 3
5. The victim along with his mother, appeared through video conferencing from the concerned DLSA and raised their objection to grant 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, the evidence collected by the prosecution against the applicant and the nature of crime, 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. 8. However, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. 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 H.L. Sahu