TIRATH @ DEEPAK NIRMALKAR v. STATE OF CHHATTISGARH
MCRC/8838/2024 · 2025-01-21
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45784 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45784 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3784
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8838
of 2024
Tirath @ Deepak Nirmalkar S/o Goverdhan Nirmalkar Aged About 24 Years Permanent Resident Of Village- Kusmi, Police Station Berla, District Bemetara (Chhattisgarh). At Present R/o House No. 52, G-4, J.S.W. Residential Salaw Colony, Village- Salaw, Post Rewdand, District Raigarh (Maharashtra) (As Per Bail Application Filed Before The Trial Court).
...Applicant(s) versus State of Chhattisgarh Through- Station House Officer, Police Station Berla, District Bemetara (Chhattisgarh)a. --- Respondent For Applicant
: Mr. Suresh Tandan, Advocate. For Respondent/State : Mr. Prabha Sharma, PL. For Objector : Mr. Madhunisha Singh, Advocate
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 21/01/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.352/2024, registered at PS – Berla, District Bemetara (Chhattisgarh), for commission of offence punishable under Sections 64(1) of BNS and Sections 4 of the Protection of Children from Sexual Offences Act.
2. Case of prosecution, in brief, is that present applicant took the minor victim in his room and after closing the door has tried to outrage her modesty. Based upon report, FIR was registered and applicant has been arrested in the aforementioned crime/offence.
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3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no any evidence/material available to connect the applicant in the alleged crime/offence. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 04.12.2024, conclusion of trial may take some time, hence, he may be released on bail.
4. Learned State Counsel as well as counsel for the objector/complainant opposing the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the aforesaid offence/crime with minor victim, hence, he is not entitled for grant of bail.
5. Heard learned counsel for the parties.
6. Considering facts of the case, nature of allegations, submission of
learned counsel for parties, particularly submission that present applicant took the minor victim in his room and after closing the door has tried to outrage her modesty, I am not inclined to allow this bail application.
7. Accordingly, bail application is hereby rejected. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.