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2025 DAILYLAW 25175 (CHH)

KRIPASINDHU SIDAR v. STATE OF CHHATTISGARH

MCRC/4323/2025 · 2025-06-29

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:29040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4323 of 2025 1 - Kripasindhu Sidar S/o Late Kantilal Sidar, Aged About 50 Years R/o Village Balamgoda, P.S. Kotra Road, District Raigarh C.G. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Kotra Road, District Raigarh C.G. ... Respondent For Applicant : Mr. Ankit Singh, Advocate. For Respondent/State : Ms. Sunita Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 30 / 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. 181/2025 registered at Police Station – Kotra Road, District-Raigarh (C.G.) for the offence punishable under Section 74, 331(3) of B.N.S. and Section 8 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.30 17:42:09 +0530 2 2. The prosecution case, in brief, is that, victim filed a report stating that she is a class 12 student, living with her younger sister. On the evening of the incident, a marriage was taking place in her village, her sister went to have dinner at 7:00 pm, leaving her alone at home. At 7:30 pm, a witness No. E came to her house to call her for dinner, but she declined, saying she was busy, and continued talking to Lok Ram Sidar on her mobile phone. At about 8:00 pm, she heard a knock on the door. When she opened it, she found Kripasindhu Sidar, her neighbour, standing outside. As soon as she opened the door, he pushed her inside with bad intentions and touched her inappropriately. When, she screamed, he covered her mouth with his hand and asked if she was in love with someone. She responded by saying, ‘what do you mean? I will tel your daughter about your actions.’ After she said this, he ran away from her house. 3. Learned counsel for the applicant vehemently argues that the applicant is innocent and has been falsely implicated in the present case, and he has not committed any offence as alleged against him. It is further contended that after the death of parents of the victim, the applicant and his family were taking care of her. Since the victim was living with the applicant and his family and on 16.04.2025, when the applicant caught her red handed while she was talking to her boyfriend then out of anger and grudge, the victim lodged the FIR against the applicant. He further submits that the applicant treats the 3 victim as her daughter and he just asked her to stop talking to her boyfriend and tried to snatch her mobile phone, therefore, the victim has implicated the applicant in the present case. The applicant has no criminal antecedent and he is in jail since 17.04.2025 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 opposed the bail application and submits that at the time of incident, the victim was aged about 17 years 10 months and out of 14 only 01 witness has been examined so far. Therefore, at this stage, he may not be enlarged on bail. 5. Today, victim appeared virtually from the concerned DLSA and raised her 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 out of 14 witnesses only 01 witness has been examined and there are some important witnesses still remain for examination, 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. 4 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 Sourabh P.