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2025 DAILYLAW 24457 (CHH)

RATAN SHIKARI v. STATE OF CHHATTISGARH

MCRC/4349/2025 · 2025-07-06

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4349 of 2025 1. Ratan Shikari S/o Late Gahdul Shikari Aged About 50 Years R/o Village Patrapara Tahsil - Lailunga District Raigarh Chhattisgarh 2. Sajan Shikari S/o Ratan Shikari Aged About 25 Years R/o Village Patrapara Tahsil - Lailunga District Raigarh Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Officer - In Charge Police Station - Lailunga, District : Raigarh, Chhattisgarh ... Respondent/State For Applicants : Mr. Ashutosh Mishra, Advocate For Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 07.07.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.117/2025 registered at Police Station Lailunga, District Raigarh (CG) for the offence punishable under Sections 137(2), 70(2) of BNS and Section 4 of POCSO Act. Digitally signed by BHOLA NATH KHATAI Date: 2025.07.08 14:45:40 +0530 Digitally signed by BHOLA NATH KHATAI Date: 2025.07.08 14:46:29 +0530 2 2. As per the prosecution case, the applicants went to the house of the minor victim and forced her to marry the co-accused (juvenile in conflict with law). It is alleged that the applicants lured her, gave her alcohol and kidnapped her from the lawful guardianship of her parents and the co-accused (juvenile) committed sexual intercourse with her on the pretext of marriage. On report being lodged in this regard, the applicants were arrested on 08.05.2025. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that the victim herself had gone to the house of the co-accused (juvenile) as she was in a love affair with him. He further submits that the applicants are in jail since 08.05.2025, charge sheet was filed on 05.07.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and therefore, her consent is of no relevance/ consequence and considering the nature of offence, the applicant does not deserve to be released on bail. 5. The victim along with her father appeared before this Court on 12.06.2025 and recorded their no-objection in granting bail to the applicants. 6. Heard learned counsel for the parties and perused the case diary. 3 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 applicants and also considering the nature of allegation against the present applicants and the fact that the trial has not commenced, this Court is not inclined to release the applicants on bail at this stage. 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