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2025 DAILYLAW 26336 (CHH)

TULESH ALIAS TULESHWAR PRASAD SAHU v. STATE OF CHHATTISGARH

MCRC/4464/2025 · 2025-07-06

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4464 of 2025 Tulesh Alias Tuleshwar Prasad Sahu S/o Ratti Ram Sahu Aged About 50 Years R/o Village Nagadabri, Police Station Balod, District Balod Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Balod, District Balod Chhattisgarh. ... Respondent/State For Applicant : Mr. Akash Pandey, Advocate For Respondent : Mr. Pranjal Shukla, 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 applicant who has been arrested in connection with Crime No.114/2025 registered at Police Station Balod, District Balod (CG) for the offence punishable under Sections 331(4), 74 of BNS and Section 7/8 of POCSO Act. Digitally signed by BHOLA NATH KHATAI Date: 2025.07.08 15:57:28 +0530 2 2. As per the prosecution case, on 06.03.2025, the applicant came to the house of the minor victim and caught hold her from behind to outrage her modesty. When the victim shouted loudly for help, the applicant ran away. On report being lodged in this regard, the applicant was arrested on 07.03.2025. 3. Learned counsel appearing for the applicants submits that the applicant is innocent and he has been falsely implicated in this case. He submits that, at the time of incident the applicant was in an inebriated state and he was unable to walk, hence in all likelihood he might have fallen on the victim, for which a false case has been registered against the applicant. He further submits that only the victim has been examined out of total 9 witnesses, the applicant is in jail since 07.03.2025 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 considering the nature of offence, the applicant does not deserve to be released on bail. 5. The victim along with her brother appeared before this Court on 27.06.2025 through video conferencing from the concerned DLSA and recorded their objection in granting bail to the applicant. 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 3 collected and available on record against the applicant and also considering the fact that the applicant is aged about 50 years who is alleged to have committed the said offence and some important witnesses are yet to be examined, this Court is not inclined to release the applicant on bail at this stage. 8. Accordingly, the present bail application is rejected. However, the 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 send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai