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2025 DAILYLAW 40631 (CHH)

VISHNU CHHEDAVI v. STATE OF CHHATTISGARH

MCRC/6613/2025 · 2025-09-03

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:45295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6613 of 2025 1 - Vishnu Chhedavi S/o Shyam Lal Chhedavi Aged About 20 Years R/o Village Amroudi, Police Station Kawardha, District Kabirdham C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Kawardha, District Kabirdham C.G. ... Non-applicant For Applicant : Mr. Devesh Chandra Verma, Advocate For Non-applicant : Mr. Vivek Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 04/09/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 654/2024 registered at Police Station – Kawardha, District – Kabirdham, Chhattisgarh for the offences punishable under Sections 137 (2), 87 (2), 64 (2) (I), 64 (2) (M), 65 (1) of Bharatiya Nyaya Sanhita, 2023 and under Sections 4 (2) & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, the applicant took the victim to his house and kept her in the nearby place and committed sexual intercourse with her. Victim was recovered from the possession of the applicant, her statement was recorded and thereafter, aforementioned crime was registered and applicant was arrested. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the doctor has not found any sign of forceful sexual intercourse with the victim which shows that the sexual relationship if any, would be consensual. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that the age of the victim is less than 14 years. In her statement, she categorically stated that the applicant committed sexual intercourse with her. 5. Pursuant to the notice issued by this Court, victim along with her father appeared before this Court through virtual mode from D.L.S.A. Surajpur, District – Kabirdham and they raised objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, documents enclosed along with the bail application, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the application for grant of bail is dismissed. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey