SANJAY KUMAR CHANDRAKAR @ BABLU v. STATE OF CHHATTISGARH
MCRC/7176/2025 · 2025-09-15
Shri Sanjay Kumar Jaiswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42832 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42832 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:47609
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7176 of 2025 1 - Sanjay Kumar Chandrakar @ Bablu S/o Chatur Chandrakar Aged About 25 Years R/o Shanti Nagar, Near Bamleshwari Mandir, Bhaghbhara, Police Station- Bhagbhara, District- Mahasamund (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The Officer-In-Charge Of Police Station Mana Camp, District Raipur (C.G.). ... Respondent For Applicant : Mr. Palash Agrawal, Advocate For State/Respondent : Ms. Pragya Pandey, Dy.G.A. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 16/09/2025
1. This is 02nd Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 147/2025 registered at Police Station Mana Camp, District-Raipur, for the offence punishable under Sections 137(2), 87, 64 of BNS and Sections 4 & 6 of the POCSO Act. 2. The first bail application of the applicant was rejected on merits by this Court on 11.08.2025 in MCRC No.5761/2025. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.09.17 10:24:08 +0530
2
3. The prosecution story, in brief, is that on 24.05.2025, the complainant i.e. father of the victim inform the Police Station- Mana Camp that his daughter aged about 17 years on 16.05.2025 at 01:00 P.M., went somewhere without informing anyone in the house, even after searching around, she could not be found. The complainant suspects that some unknown person has lured and taking her daughter away. On the basis of the complainant's report, the police station mana camp registered the F.I.R. (First Information Report) bearing Crime No. 147/2025. During Investigation, the victim was recovered from the possession of the applicant. Thereafter, an offence was registered against the applicant for the aforesaid offence and he was arrested. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the victim had a love affair with the applicant and voluntarily accompanied the applicant. It is further submitted that now the victim has been examined before the trial court and she did not fully support the case of the prosecution; therefore, no case is made out against the applicant. He submits that the applicant has been in jail since 24.05.2025, and the trial is likely to take considerable time to conclude; therefore, the applicant may be released on bail. 5.
Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor girl and the applicant has enticed away the girl from the custody of her parents and the victim has supported the prosecution
3 case before the trial Court, therefore, considering the grievousness of the offence, he may not be enlarged on bail. 6. The victim and her father appeared through video conferencing from the concerned DLSA and recorded her objection in granting bail to the applicant. 7. Heard counsel for the parties and perused the material available on record. 8. Having considered the submissions of counsel for the parties and the fact that the first bail application of the applicant was dismissed on merits in MCRC No. 5761/2025 on 11.08.2025, and from perusing the statement of the victim, it cannot be said that she has not supported the case of the prosecution. It appears that there is no change in circumstances; therefore, at this stage, I do not find it appropriate to release the applicant on bail
9. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 10. 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.