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2025 DAILYLAW 37950 (CHH)

KESHAV YADAV v. STATE OF CHHATTISGARH

MCRC/6064/2025 · 2025-08-12

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:40815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6064 of 2025 Keshav Yadav S/o Kartik Yadav Aged About 23 Years R/o Village- Silpahri, Thana- Sirgitti, District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Police Thana- Sirgitti, District Bilaspur C.G. ... Respondent For Applicant : Mr. Rajendra Kumar Patel, Adv. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13/08/2025 1. Mother of the victim appeared in person before this Court today and recorded ‘objection’ in granting bail to the applicant. 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.125/2024, registered at Police Station – Sirgitti, District- Bilaspur (C.G.) for offence punishable under Sections 363, 366, 376 (2)(n) of the IPC and Sections 4 & 6 of the POCSO Act, 2012. 3. The prosecution story, in short, is that on 10.02.2024, mother of the victim lodged a report in concerned Police Station alleging therein that on 09.02.2024 at 7:00 PM, her daughter went to the toilet and did not return. She suspected that some unknown person lured her daughter and taken her away. On the basis of the said complaint, initially offence under Section 363 of IPC was registered. During course of investigation, on the information provided by the victim itself, she SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.14 18:14:42 +0530 2 recovered on 12.02.2024 and her statement was recorded. Later on, the application of the victim, her supplementary statement U/s 161 was again recorded on the basis of which, offence under Sections 366, 376 (2)(n) of IPC and Sections 4 & 6 of the POCSO Act were added. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There was a love relationship between the applicant and the victim. He further submits that statement of the victim under Section 161 and 164 of Cr.P.C. was recorded wherein she has stated that she left the house on her own free will and not stated anything against the applicant. He lastly submits that the applicant is in jail since 24.06.2025, charge- sheet has been filed, the trial has not commenced till date and it is likely to take 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 in her supplementary statement, the victim has stated against the applicant. The applicant is the relative of the victim. Further, at the time of incident, the victim was minor. 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. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, the age of the victim, the nature of offence and the fact that the trial has not commenced yet, 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. A copy of this order be sent to the Trial Court concerned for information and necessary compliance, if any. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham