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2025 DAILYLAW 36304 (CHH)

MOHIT KUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/5744/2025 · 2025-08-05

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:39203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5744 of 2025 1 - Mohit Kumar Yadav Son Of Sunder Lal Yadav Aged About 21 Years Resident Of Village House No. 13, Sadakpara, Ward No. 09, Ratesara, North Bastar Kanker, P.S. Charama District Kanker (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Dugali, District Dhamtari (C.G.) ... Respondent For Applicant : Ms. Monika Dey, Adv. For Respondent/State : Ms. Priya Sharma, 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. 13/2024 registered at Police Station – Dugali, District – Dhamtari (C.G.) for the offence punishable under Sections Digitally signed by HEERA LAL SAHU Date: 2025.08.07 10:22:36 +0530 2 363, 366, 376(2)(N) of IPC and Sections 4 & 6 of POCSO Act. 2. As per the prosecution’s case, it is alleged against the applicant that on 25.04.2024, the applicant seduced the minor victim, took her along with him and committed sexual intercourse with the minor victim. 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. She further submits that the victim was a consenting party, and the medical report does not mention the recent intercourse. She also submits that the applicant is in jail since 02.05.2024, only 7 witnesses out of 11 witnesses have been examined till date, 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 victim has supported the case of the prosecution. There is sufficient evidence against the applicant. Therefore, at this stage, he may not be enlarged on bail. 5. The victim along with her father, appeared through video conferencing from the concerned DLSA and raised objection to grant bail to the applicant. 3 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 offence, at this stage, without commenting on 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. However, considering the fact that the applicant is in jail since 02.05.2024, 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 3 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