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2025 DAILYLAW 41343 (CHH)

RAMSHARAN DHURI v. STATE OF CHHATTISGARH

MCRC/7033/2025 · 2025-09-17

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7033 of 2025 1 - Ramsharan Dhuri S/o Kunjram Dhuri Aged About 19 Years R/o Purani Basti, Mahamaya Mandir Ke Paas, Ligiyadih, Thana - Sarkanda, Distt.- Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Thana Sarkanda, Distt.- Bilaspur (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant(s) : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 18/09/2025 1. Pursuant to the order dated 03.09.2025 the father of the victim appeared in person before this Court and raised objection in granting bail to the applicant, his objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 04.01.2025 in connection with Crime No. 11/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence under Sections 137 (2), 87, 65 (1) 64 (2) (ड) of BNS & Section 3/4(2),5(ठ)/6 of POCSO Act, 2012. 3. The case of the prosecution is that on 02.01.2025 the father of the victim lodged a missing report that his minor daughter is missing since 01.01.2025 and her whereabouts could not be traced out. The police has registered the ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.19 10:33:04 +0530 2 offence under Section 137 of BNS, 2023 and started investigation. During the investigation the victim herself came back to her house on 03.01.2025 and informed the incident to her parents and then they informed the incident to the police. After recording her statement the other offence of Section 87, 65 (1) 64 (2) (ड) of BNS & Section 3/4(2),5(ठ)/6 of POCSO Act, have been added. The applicant has been arrested on 04.01.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the victim have stated in her evidence that she introduced with the applicant through instagram. However, no mobile has been seized to connect the applicant with the victim through instagram. She has not lodged report to the police despite residing at the adjoining place of Police Station- Sarkanda. She also not lodged any report about 02 days when she roaming from place to place for about 02 days. It is only on suspicion, the applicant has been arrested and under the pressure of her parents, she made allegation against the applicant. The applicant is in jail since 04.01.2025, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for appearing for the State opposes and submitted that the victim is aged about 13 years and she was being allured and subjected to sexual intercourse by the applicant, by act of sexual intercourse she was afraid of for that reason she could not lodge the report. She would also submits that from such a tender aged girl it cannot be expected that she immediately rushed to police station to lodge the report for the act which she suffered. There is sufficient evidence against the applicant with respect to the alleged offence, therefore, the applicant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the material annexed with the petition as well as case diary. 3 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and after perusing her 183 B.N.S.S statement, I am not inclined to release the applicant on bail. His bail application is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Alok