Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 30218 (CHH)

OMPRAKASH YADAV v. STATE OF CHHATTISGARH

MCRC/5185/2025 · 2025-07-15

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:33393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5185 of 2025 Omprakash Yadav S/o Jawahir Yadav, Aged About 21 Years R/o Village - Dharmi, P.S. - Ramchandrapur, District - Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. - Ramchandrapur, District - Balrampur- Ramanujganj (C.G.) ... Respondent/State For Applicant : Mr. Anuj Kumar Pandey, Advocate For State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16.07.2025 1. The victim along with her father appeared before this Court today through virtual mode from DLSA, Balrampur and expressed their no- objection 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.06/2025 registered at Police Station Ramchandrapur, District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 64(2)(n), 351(3) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. Digitally signed by BHOLA NATH KHATAI Date: 2025.07.17 15:05:47 +0530 2 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, committed sexual intercourse with her several times on the pretext of marriage. Subsequently, on the report being made in this regard, the applicant was arrested on 11.04.2025. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that there is delay in lodging the FIR, no injury has been found in MLC report and the age of the victim has also not been proved. He submits that the victim and her father have also given their no-objection in granting bail. He further submits that charge sheet has been filed, the applicant is in jail since 11.04.2025 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 the victim was a minor at the time of incident, therefore, 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 nature and gravity of offence and the material collected and available on record against the applicant and also considering the fact that the trial has not commenced, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 10. 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