HARISHANKAR PRAJAPTI @ RAHUL PRAJAPATI v. STATE OF CHHATTISGARH
MCRC/454/2025 · 2025-02-20
Shri Arvind Kumar Verma
body2025
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[ 2025 DAILYLAW 3163 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 3163 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9006 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 454
of 2025
Harishankar Prajapti @ Rahul Prajapati S/o Ashish Prajapati Aged About 18 Years R/o Ward No. 1, Behind Gayatri Mandir, Bandhwapara, Sakri, District-Bilaspur (C.G.)
... Applicant(s) versus State of Chhattisgarh, Through Station House Officer, Police Station- Sakri, District-Bilaspur (C.G.) .
--- Respondent For Applicant : Mr. GVK Rao, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 20/02/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.913/2024, registered at PS - Sakri, District -Bilaspur (C.G.), for commission of offence punishable under Sections 74, 64(1) of BNS, Section 4, 6 & 8 of the POCSO Act & Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
2. Case of prosecution, in brief, is that on 28.11.2024, victim/prosecutrix lodged report at Police Station- Sakri alleging therein that on 14.11.2024 at about 8.00 PM, the applicant caught hold of her hand and also dragged her. Thereafter on 27.11.2024 at about 11.00 PM, the applicant again came near house of prosecutrix and calling her name. Based upon report, FIR was registered against the applicant and he has been
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arrested in the aforesaid crime/offence.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. The applicant and prosecutrix are well known to each other, they used to talk, due to which, on 27.11.2024, brother of prosecutrix has assaulted the applicant and on account of said dispute, the prosecutrix has lodged false report against the applicant. Victim in her Court statement has not supported the case of prosecution. Applicant is in jail since 28.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel opposes the bail application of the applicant and would submits that applicant has tried to outrage the modesty of the minor victim aged about 16 years 10 months, he also pressurized her to talk with him. There are three previous criminal antecedents registered against the applicant. Hence, looking to the nature of offence and age of victim, applicant may not be released on bail.
5. Heard learned counsel for the parties.
6. Victim alongwith her guardian appeared before this Court by virtual mode from the concerned DLSA and raised objection in granting bail to the applicant.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, evidence of the victim, particularly the submission that the applicant has tried to outrage the modesty of the minor victim, pressurizing her to talk with him, further considering the fact that three previous criminal antecedents registered against the applicant, I am not inclined to allow this bail application.
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8. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial as soon as possible, if there is no any legal impediment. Certified copy as per rules.
Sd/- (Arvind Kumar Verma)
Judge J.