Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 284 (CHH)

SAMUND TARAQ v. STATE OF CHHATTISGARH

MCRC/10011/2025 · 2026-01-19

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10011 of 2025 1 - Samund Taraq S/o Dheluram Taraq Aged About 36 Years R/o Village- Kurra, P.S.- Gobra-Navapara, Dist.- Raipur C.G. ... Applicant versus 1 - State Of Chhattisgarh Through SHO Of Police Station- Gobra- Navapara, Dist.- Raipur C.G. ... Respondent For Applicant : Mr. Pallav Mishra, Adv. For Respondent/State : Mr. Amit Verma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 20/01/2026 1. The applicant has preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with crime No.172/2025, registered at Police Station – Gobra-Navapara, District- Raipur (C.G.) for offence punishable under Sections 137(2), 74 of B.N.S. and Section 8 of POCSO Act. 2. The prosecution's case, in short, is that the complainant lodged a complaint stating that on 20.05.2025, when his minor daughter, aged about 4 years, was playing near her house, she was taken by the applicant/accused and tried to remove her undergarment. While she resisted the movement of the applicant, she was assaulted by the applicant. Based on the above, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.01.20 17:15:23 +0530 2 question. He further submits that no external injuries were found on the body of the victim. He also submits that out of 11 listed witnesses only 3 witnesses have been examined till date. The applicant is in jail since 21.05.2025 and the trial is likely to take time to be finalized. Therefore, it is prayed that the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application, submitting that in the MLC report, redness on the hip of the victim has been found. Therefore, looking to the nature of the offence, the applicant may not be released on bail. 5. The victim along with her mother, appeared through V.C. from the concerned DLSA and raised their objection to grant of bail to the applicant. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, and overall evidence collected by the prosecution against the applicant and also looking to the nature of the crime, at this stage, without commenting on merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. However, considering the fact that the applicant is in jail since 21.05.2025, and only 3 witnesses out of 11 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period 3 months from receipt of a copy of this order. 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 H.L. Sahu