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2025 DAILYLAW 38178 (CHH)

CHAMAN KULDEEP @ GOLU v. STATE OF CHHATTISGARH

MCRC/6149/2025 · 2025-08-11

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:40500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6149 of 2025 1 - Chaman Kuldeep @ Golu Shri Sudama Kuldeep, Aged About 24 Years, R/o Village Salna, Thana Borai, District- Dhamtari Chhattisgrh. ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Borai, District- Dhamtari Chhattisgrh. ... Respondent For Applicant : Mr. Shreyansh Pathak, Advocate appeared through Video Conferencing. For Respondent/State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 12 / 08 / 2025 1. Today, victim along with her father appeared virtually from the concerned DLSA and raised her no objection in granting bail to the applicant. 2. 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. 02/2025 registered at Police Station – Borai, District – Dhamtari (C.G.) SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.12 17:14:23 +0530 2 for the offence punishable under Section 137(2), 87, 65(1), 3(5) of BNS, 2023 and Section 18 of POCSO Act, 2012. 3. The case of the prosecution is that, the victim, a minor, went missing on 28.03.2025, and her father lodged a report against an unknown person. During the investigation, the victim was found, and she stated that she was taken to Raipur and Gujarat by the accused Roop Lal Patel and others. The investigation revealed that the accused Navratri Markam provided the victim with a mobile phone and facilitated communication with Roop Lal Patel, who allegedly abducted and sexually assaulted the victim. The accused Roop Lal Patel, Rakesh, and the applicant Chaman Kuldeep alias Golu are accused of taking the victim to Gujarat, where she was subjected to sexually assault. Based on these allegations, an offence has been registered against the applicant and others. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submits that the victim has been examined and she has not stated anything against the present applicant, recorded her no objection in granting bail to the applicant. The applicant has no criminal antecedents and has been in jail since 27.05.2025, there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 5. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of the incident, the victim was a minor aged about 15 years and 3 months, and in 3 her statement, she has stated against the applicant. Out of 18 witnesses, only one has been examined till date; therefore, at this stage, the applicant may not be released on bail 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 and the evidence against the applicant, further considering the fact that out of 18 witnesses only 01 has been examined and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 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 Sourabh P.