Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 31306 (CHH)

KANTI YADAV v. STATE OF CHHATTISGARH

MCRC/5244/2025 · 2025-07-23

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:35964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5244 of 2025 Kanti Yadav W/o Tribhuvan Yadav Aged About 50 Years R/o Village Turi Lodam, Police Station And District Jashpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Jashpur, District Jashpur, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Sanjeev Kumar Sahu, Advocate For Respondent : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 24.07.2025 1. The victim along with her sister appeared before this Court today through virtual mode from DLSA, Jashpur 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.91/2025 registered at Police Station Jashpur, District Jashpur (CG) for the Digitally signed by BHOLA NATH KHATAI Date: 2025.07.26 12:12:53 +0530 2 offence punishable under Sections 64(2)(m), 65(1), 70(2) of BNS and Sections 4, 6 & 17 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant introduced the main accused Rahul Yadav to the victim and told her to marry him, as a result of which, accused Rahul Yadav committed sexual intercourse with the minor victim on the pretext of marriage. The allegation against the present applicant is that she knowing fully well that the victim was a minor, helped the main accused in commission of the said offence. On 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 she has been falsely implicated in this case. He submits that the applicant is the elder mother (Badi Maa) of the victim aged about 50 years. He further submits that the victim and her sister have also given their no-objection in granting bail to the applicant. 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. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and in her 183 BNSS statement she has clearly stated that the applicant used to call a boy (main accused) to her house and ask her to sleep with him and would lock the door from 3 outside. The said boy committed the crime with her and the applicant used to tell her not to tell anyone about the incident. He submits that considering the nature of offence and the role played by the applicant, she 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 charge sheet has been filed and trial has not commenced, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 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