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2025 DAILYLAW 37033 (CHH)

PRATIK YADAV v. STATE OF CHHATTISGARH

MCRC/5992/2025 · 2025-08-12

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5992 of 2025 1 - Pratik Yadav S/o Rajesh Yadav, Aged About 18 Years 10 Moths, R/o Chipiyapara, Ward No.09, Nayapara, Mahasamund, PS And District Mahasamund Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Mahasamund, District Mahasamund Chhattisgarh ... Respondent For Applicant : Mr. Shubhank Tiwari, Advocate For Respondent : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13.08.2025 1. The victim along with her mother appeared before this Court on 12.08.2025 through virtual mode from the concerned DLSA and expressed their no-objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.182/2025 Digitally signed by BHOLA NATH KHATAI Date: 2025.08.13 18:17:24 +0530 2 registered at Police Station Mahasamund, District Mahasamund (CG) for the offence punishable under Sections 137(2), 64(2), 87 of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage due to which she became pregnant. Subsequently, on the report being made in this regard, the applicant was arrested on 01.05.2025. 4. Learned counsel appearing for the applicant submits that the victim and her parents have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her mother have also given their no- objection in granting bail to the applicant. He further submits that out of total 18 witnesses, only 3 witnesses i.e. the victim and her parents have been examined till date, the applicant is in jail since 01.05.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail. 5. Learned state counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and due to the said offence, she became pregnant. Therefore, considering the nature of offence, the applicant does not deserve to be released on bail. 3 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her parents have turned hostile, the victim and her mother have also given their no- objection in granting bail to the applicant and also considering the fact that there are total 18 witnesses out of which only 3 witnesses i.e. the victim and her parents have been examined so far, the applicant is in jail since 01.05.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai