Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 28660 (CHH)

ANJANI KUMAR MISHRA v. STATE OF CHHATTISGARH

MCRC/4905/2025 · 2025-07-14

Shri Sanjay Kumar Jaiswal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4905 of 2025 Anjani Kumar Mishra S/o Shri Ashok Kumar Mishra Aged About 30 Years (Mentioned As Anjani Mishra In The Impugned Order) R/o D.P.S. School, Banbhedi, P.S. Lalbagh, (Wrongly Mentioned As P.S. Basantpur After P.S. Lalbagh) District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Basantpur, District Rajnandgaon (C.G.) ... Respondent For Applicant : Mr. Kashif Shakeel, Advocate For Respondent/State : Ms. Sunita Manikpuri, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 15.07.2025 1. The victim along with her mother appeared before this Court today through virtual mode from DLSA, Rajnandgaon and objected in granting bail to the applicant. 2. 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.181/2025 Digitally signed by BHOLA NATH KHATAI Date: 2025.07.16 16:52:00 +0530 2 registered at Police Station Basantpur, District Rajnandgaon (CG) for the offence punishable under Section 78 of BNS, 2023, Section 12 of POCSO Act, 2012 and Section 67 of I.T. Act, 2000. 3. As per the prosecution case, the applicant stalked the minor victim through whatsApp, Instagram, Telegram etc. and by obtaining nude photos and videos from her, proposed/asked for sexual intercourse or sexual consent from her. On report being made in this regard, the applicant was arrested on 30.04.2025. 4. Learned counsel appearing for the applicant submits that the applicant has no physical contact with the victim and the applicant was only in touch with the victim through WhatsApp, Instagram or Telegram. No photo or video has been uploaded or made viral in the electronic media. Chargesheet has been filed. The applicant is a student of B. Tech Mechanical Engineer. He further submits that the applicant is in jail since 30.04.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicant does not deserve to be released on bail. 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 allegation levelled against the applicant and also considering the fact that charge sheet has been filed, the applicant is in jail since 30.04.2025 and there is all possibility of 3 the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE