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2025 DAILYLAW 34208 (CHH)

GUJRAJ DAHIRE v. STATE OF CHHATTISGARH

MCRC/5527/2025 · 2025-08-05

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:39200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5527 of 2025 1 - Gujraj Dahire S/o Rambahorik Aged About 20 Years R/o Village - Padampur, P.S. Jarhagaon, District - Mungeli Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh, Through: Station House Officer, Pathariya District - Mungeli Chhattisgarh. ... Respondent For Applicant : Dr. Arpit Lall, Adv. For Respondent/State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 06 / 08 / 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. 75/2025 registered at Police Station – Pathariya, District – Mungeli (C.G.) for the offence punishable under Sections Digitally signed by HEERA LAL SAHU Date: 2025.08.07 10:22:37 +0530 2 137(2), 87, 64(2)(m), 65(1), 3(5) of the BNS and Sections 5(1) & 6 of POCSO Act. 2. As per the prosecution’s case, it is alleged against the applicant that on 11.04.2025, the applicant took the minor victim along with him to various places and committed sexual intercourse with the minor victim. It is also alleged that on 24.04.2025, the victim was recovered from the possession of the applicant. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that there are various contradictions in the statement of the victim recorded under Sections 161 and 164 of Cr.P.C. He also submits that the applicant is in jail since 25.04.2025, charge sheet has been filed, and the trial is likely to take considerable time. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant committed a heinous offence with a minor girl and the victim was recovered from the possession of the applicant on 24.04.2025; the trial has not commenced yet. Therefore, at this stage, he may not be enlarged on bail. 3 5. On 23.07.2025, the victim along with her father, appeared through video conferencing from the concerned DLSA and raised objection to grant bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and keeping in view the evidence collected by the prosecution against the applicant and the gravity of the offence, and further considering that the trial has not commenced yet, at this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. 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 H.L. Sahu