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2025 DAILYLAW 30798 (CHH)

SATYAPRAKASH @ SATISH BHARADWAJ v. STATE OF CHHATTISGARH

MCRC/4958/2025 · 2025-07-15

Shri Sanjay Kumar Jaiswal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:33394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4958 of 2025 1 - Satyaprakash @ Satish Bharadwaj S/o Andhiyar Das, Aged About 25 Years, R/o Village Samdeel, Police Station- Takhatpur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Takhatpur, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Mr. Amit Kumar, Advocate. For Respondent/State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16 / 07 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 62/2025 registered at Police Station –Takhatpur, District –Bilaspur (C.G.) for the offence punishable under Section 137(2), 87, 67 of BNS and 4, 6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.18 10:22:48 +0530 2 2. The case of the prosecution in short is that, the applicant took the victim without the consent of her lawful guardianship and committed sexual intercourse with her. On report being lodged in this regard, offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is argued that the applicant and the victim had a consensual romantic relationship, and the victim's complaint was filed under pressure from her family members. He further submits that he has filed screenshots of WhatsApp chats, which reveal that the victim threatened to commit suicide if her sister did not persuade the applicant to talk to her. The applicant has a clean record, with no criminal antecedents, and has been in jail since 25.03.2025. There is no likelihood of his case being decided in the near future, therefore, considering all these facts, the present applicant may be released on bail. 4. On the other hand, learned State counsel opposed the bail application, submitting that at the time of incident, the victim was aged about 17 years 05 months and out of 21 witnesses, only 02 have been examined till date, therefore, at this stage, the applicant may not be released on bail. 5. Today, victim along with her father appeared virtually from the concerned DLSA and raised her objection in granting bail to the applicant. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that out of 21 witnesses, only 02 have been examined till date, and and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 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 Sourabh P.