Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31021
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4603 of 2025 Radheshyam Tiwari S/o Manmohan Tiwari Aged About 32 Years R/o Baima, Chowki- Bachra Podi, Police Station- Baikunthpur, District- Koriya, C.G.
... Petitioner(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Udaypur, Dist. Surguja (C.G.) ---Respondent For Applicant : Ms. Seema Verma, Advocate. For Respondent : Ms. Nupur Trivedi, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 07/072025
1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 251/2024 registered at Police Station Udaypur District Surguja (C.G.), for the offence punishable under Sections 137, 64(2)(M) of BNS, 2023 and Section 4 & 6 of POCSO. 2. The allegation against the present applicant as per the prosecution
2 case is that, the applicant abducted the prosecutrix from her lawful guardianship of her father and brought her in his house and developed sexual intercourse with her. The parents of prosecutrix visited the house of applicant for taking back the prosecutrix, but the applicant and his father have refused to sent the prosecutrix with her parents and thereby the applicant committed the offence. 3. Learned Counsel for the applicant has argued that the applicant has been falsely implicated in the present case and there is no evidence on record to connect the applicant with commission of the offence. He has further argued that there was no evidence adduced by the prosecution with regard to inappropriate behavior of applicant with the prosecutrix. The applicant is in jail since 10.12.2024 and the appeal is likely to take some time for its conclusion, hence the applicant has filed the instant application for grant of bail. 4. Learned Panel Lawyer, appearing for the State and learned counsel for respondent/Objector however opposed the bail application and further submits that looking to the age i.e. 13 years of the Prosecutrix and the gravity of offence committed by the applicant, he does not deserve to be released on bail. The findings arrived at by the learned trial Court is just and proper. 5. I have heard learned counsel for the parties and perused the records of the Court below. 6.
Taking into consideration the facts and circumstances of the case,
3 particularly taking into consideration the age of the Prosecutrix i.e., 13 years, at the time of the incident, this Court finds it appropriate to reject the instant application for grant of bail, at this stage. 7. Office is directed to provide a certified copy of this order to the trial Court for necessary information. Sd/-
(Arvind Kumar Verma) JUDGE Jyoti