Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:41114
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5883 of 2025 Dilip Kawde S/o. Ishwar Lal Kawde, Aged About 25 Years R/o Village - Gattakaal, P.S. - Koyli Beda, Tahsil - Pakhanjur, District - North Bastar Kanker (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Durgukondal, Distict - North Bastar Kanker (C.G.)
... Respondent For Applicant : Mr. Rajendra Patel, Advocate For Respondent/State : Mr. Karan Kumar Bahrani, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 14/08/2025
1. The victim along with her father appeared virtually through concerned DLSA before this Court today and recorded ‘objection’ in granting bail to the applicant. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.14 16:55:39 +0530
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2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 41/2023, registered at Police Station – Durgukondal, District- North Bastar Kanker (C.G.) for offence punishable under Sections 363, 366 (A), 376 (3) of IPC and U/s 4 of the POCSO Act. 3. The prosecution story, in short, is that on 17.11.2023 at around 9:30 AM from Durgukondal, District North Bastar Kanker (C.G.), the applicant lured the victim and taken her away without the consent of her lawful guardians and on the pretext of marriage, committed forceful sexual intercourse with her. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 20.11.2023, out of 19 prosecution witnesses, only 5 have been examined till date and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor and she was recovered from the possession of the applicant, therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 3
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Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant and the nature of offence, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. 9. However, considering the fact that out of 19 prosecution witnesses, only 5 have been examined till date and the applicant is in jail since 20.11.2023, it is an exceptional case, the concerned Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period of 4 months from the date of receipt of this order. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham