Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31999
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4657 of 2025 Navratri Markam D/o Late Budhram Markam Aged About 19 Years R/o Village And Post - Ghutkel, Police Station - Borai Tehsil - Belargaon, District- Dhamtari (C.G.)
... Applicant versus State Of Chhattisgarh Through - SHO Police Station - Borai District- Dhamtari (C.G.)
... Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 10.07.2025
1. The victim along with her father appeared today through virtual mode from DLSA Dhamtari and objected to grant bail to the applicant. 2. Heard the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular bail to the applicant who has been arrested in connection with Digitally signed by BHOLA NATH KHATAI Date: 2025.07.11 17:06:14 +0530
2 Crime No.02/2025 registered at Police Station Borai, District Dhamtari (CG) for the offence punishable under Sections 137(2), 87, 65(1) of BNS and Sections 4, 6 & 17 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the present applicant was involved in providing mobile phone to the minor victim and making her talk to co-accused Rooplal Patel. It is also alleged that the applicant took the victim to the main accused who committed sexual intercourse with her on the pretext of marriage. Subsequently, on the report being made in this regard, the applicant was arrested on
23.05.2025. 4. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in this case. He submits that the victim was recovered from the possession of main accused Rooplal Patel and the present applicant is not involved in commission of the said offence. He further submits that the applicant is in jail since 23.05.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that there are three accused persons and it is the present applicant who took the victim to the co-accused and dropped her there. Therefore, considering the role played by the applicant and the nature of offence, he does not deserve to be released on bail. 3
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 and the material collected and available on record against the applicant and also considering the fact that charges have not been framed and the trial has not commenced, this Court is of the opinion that it would not be appropriate to release the applicant on bail at this stage. 8. Accordingly, the present bail application stands 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