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2025 DAILYLAW 41259 (CHH)

MOH. IRFAN HASMI v. STATE OF CHHATTISGARH

MCRC/6727/2025 · 2025-08-25

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1 2025:CGHC:43252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6727 of 2025 • Moh. Irfan Hasmi S/o Mustak Ahmad Aged About 20 Years R/o Saryakhwaj, District Jonpur Uttar Pradesh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Chhawani, District Durg Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bharat Lal Sahu, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 582/2024 registered at Police Station Chhawani, District - Durg (C.G.) for the offence punishable under Section137(2) and 87 of BNS. 2. Case of the prosecution, in brief, is that the complainant has lodged FIR against the unknown person on 25.12.2024 i.e., his minor daughter about 15 years left her house on 25.12.2024 at about 5:30 p.m. without giving information to her parents, suspected someone has abducted to his minor daughter and after recovered the victim, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 10:42:12 +0530 2 the police has registered the offence against the applicant. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 10.02.2025. He further submits that all the material witnesses including the victim has turned hostile, further charge-sheet has already been filed in the present case, the applicant is in jail since 28.12.2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant under the pretext of marriage, abducted the minor victim, aged approximately 14 years. The applicant and victim were subsequently arrested by the Railway Protection Force (RPF) at Nagpur Station, looking to the seriousness of the offence, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 10.02.2025 in MCRC No. 1163 of 2025 on merit, trial is in progress and statement of the some material witnesses have been recorded, further there appears to be no new ground to grant bail to the present applicant. 7. Accordingly, the second bail application of the applicant- Moh. Irfan Hasmi, involved in Crime No. 582/2024 registered at Police Station Chhawani, District - Durg (C.G.) for the offence punishable under Section137(2) and 87 of BNS, is rejected at this stage. 8. However, this Court hopes and trusts that the trial Court shall make 3 an earnest endeavour to conclude the trial as expeditiously as possible within a period of three months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali