DURGESH KUMAR SAHU @ RITIK v. STATE OF CHHATTISGARH
CRMP/211/2025 · 2025-01-31
Shri Ravindra Kumar Agrawal
body2025
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[ 2025 DAILYLAW 3847 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 3847 (CHH) · dailylaw.ai ]
Judgment text
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1
2025:CGHC:5922
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 211 of 2025 1 - Durgesh Kumar Sahu @ Ritik S/o Moti Lal Sahu Aged About 21 Years R/o Village Budgahan, P.S. Suhela, Tahsil Suhela District Balodabazar Chhattisgarh At Present Resident At Berla, District Bemetara Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Jamul District Durg (C.G.)
... Respondent For Petitioner : Mr. Bharat Lal Sahu, Advocate For Respondent : Mr. R. C. S. Deo Samant, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 31.01.2025
1. The present Criminal miscellaneous petition filed by the applicant under Section 528 of B. N. S. S., 2023 for modifying / correction of the order dated 12.12.2024 passed by this Court in MCRC No. 6753 of 2024. 2. The present applicant is an accused in connection with Crime No. 239 of 2024 registered at P. S. Jamul, District Durg, (C.G.) for the offence under Section 363, 366, 376 of IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short”POCSO Act,
2 2012”). The applicant was arrested by the prosecuting agency on
01.07.2024. He moved his bail application before this Court bearing MCRC No. 6753 of 2024, which was came up for hearing on 12.12.2024 and this Court has directed him to be released on bail. 3. Learned counsel for the applicant would submit that in the arrest memo of the applicant, his address is shown as “resident of village Pahanda, Tahsil Berla, District Bemetara (C.G.)” whereas in the bail application filed by the applicant his address is shown as “resident of village Budgahan P. S. Suhela, Tahsil Suhela District Balodabazar (C.G.)”. He would further submit that when the applicant furnishes the bail bond before the learned trial Court, it could not be materialized due to the difference of the address shown in the arrest memo as well as in the bail application, therefore, he moved the present application for correction of the address of the applicant. He would again submit that the applicant is one and the same and he was residing some time in his maternal uncle’s house at Village Budgahan, therefore, on the bonafied mistake he shown the other address of the applicant in the present bail application therefore, the same may be corrected. 4.
In the present CRMP, vide order dated 20.01.2025, the State counsel was directed to verify about the above said fact and to submit a report. 5. In compliance of the order dated 20.01.2025, a report was submitted by the Station House OfÏcer, Police Station Jamul District Durg stating therein that the applicant was arrested on 01.07.2024 and in arrest memo, his address is shown as “resident of village Pahanda, Tahsil Berla, District Bemetara (C.G.)” and the intimation about his arrest was given to his father Motilal Sahu, who was a resident of Village Budgahan, P. S. Suhela, Tahsil Suhela District Balodabazar, (C.G.) and since at the time of incident, the applicant was residing at her maternal
3 aunts’ house at village Pahanda, Tahsil Berla, District Bemetara he has got prepared his Aadhar Card having the same address of village Pahanda whereas the father of the applicant is a resident of Village Budgahan, P.S. Suhela, Tahsil Suhela District Balodabazar. Learned counsel for the State has also not disputed that the applicant is one and the same having two residential addresses. 6. Considering the facts and circumstances of the case as well as the submission made by the learned counsel for the parties, it would be appropriate to allow the present application for correction of the address of the applicant. 7. Thus, the application filed by the applicant is allowed and the detail of the applicant shown in MCRC No. 6753 of 2024 as “Durgesh Kumar Sahu @ Ritik, son of Moti Lal Sahu, aged about 21 years, resident of village Budgahan, P. S. Suhela, Tahsil Suhela District Balodabazar, (C.G.)” be read as “ Durgesh Kumar Sahu @ Ritik, son of Moti Lal Sahu, aged about 21 years, resident of village Budgahan, P. S. Suhela, Tahsil Suhela District Balodabazar (C.G.) at present resident at village Pahanda, Tahsil Berla, District Bemetara (C.G.)”. 8. With the aforesaid Correction in the address of the applicant, the present CRMP is disposed of. 9.
A copy of this order be placed in the record of the MCRC No. 6753 of 2024 and shall be made as a part of the order dated 12.12.2024 passed by this Court in MCRC No. 6753 of 2024. Sd/- Sd/- (Ravindra Kumar Agrawal)
Judge amita
Digitally signed by AMITA DUBEY Date: 2025.02.04 10:36:49 +0530