SHEKHAR @ TEEKARAM CHOUHAN v. STATE OF CHHATTISGARH
MCRC/5802/2025 · 2025-08-12
Shri Sanjay Kumar Jaiswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36266 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36266 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:40942
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5802 of 2025 1 - Shekhar @ Teekaram Chouhan S/o Bhogi Lal Chouhan, Aged About 21 Years R/o Village Rimji, Police Station Singhoda, District Mahasamund C.G.
... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Basna District Mahasamund C.G.
... Respondent For Applicant : Mr. Jitendra Shukla, Advocate. For Respondent/State : Mr. Vivek Sharma, P.L. For Objector : Mr. Sumit Shrivastava, Advocate. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 13 / 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. 605/2022 registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) and 376(3) of IPC and Sections 4 & 6 of POCSO Act. Digitally signed by HEERA LAL SAHU Date: 2025.08.14 10:19:48 +0530
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2. As per the prosecution’s case, it is alleged against the applicant that on 10.11.2022, the applicant, on the pretext of marriage, took the minor victim to Surat and kept her with him for about 4-5 months and committed sexual intercourse with her. Further, it is alleged that on 24.05.2023, the minor victim was recovered from the possession of the present 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 the victim was a consenting party; she has not made any allegation against the applicant in her statement recorded under Section 164 of Cr.P.C. The applicant is in jail since 25.05.2023, and there is no likelihood of his case being decided in the near future; therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that there are 18 witnesses, out of which only six witnesses have been examined till date, and many important witnesses have remained to be examined. The applicant committed a heinous crime with a minor girl, who has been recovered from the possession of the applicant; therefore, at this stage, he may not be enlarged on bail. 3
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Learned counsel for the objector also opposes the bail application and submits that on the pretext of marriage, the applicant committed a heinous offence with a minor girl. 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, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. However, considering the fact that the applicant is in jail since 25.05.2023 and only 6 witnesses out of 18 witnesses have been examined till date, 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 4 months from today. 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 H.L. Sahu