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2025 DAILYLAW 47922 (CHH)

UTTAM MAKHIJA @ BABBU v. STATE OF CHHATTISGARH

MCRC/7955/2025 · 2025-11-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:54969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7955 of 2025 1 - Uttam Makhija @ Babbu S/o Yogesh Makhija Aged About 25 Years R/o Boirdadar Chowk, Beside Raj Boot House, Police Station Chakradharnagar, District Raigarh Chhattisgarh ... Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chakradharnagar, District Raigarh Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Jitendra Shukla, Advocate For Respondent/State : Shri K.K.Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 11/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 02/2025 registered at police SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.13 11:14:05 +0530 2 station Chakradhar Nagar, District Raigarh (CG) for the offence punishable under Sections 78, 79, 238 of the BNSS and Section 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012. 2. Case of the prosecution in brief is that complaint was lodged by mother of the prosecutrix at police station Chakradhar Nagar alleging that the applicant had been persistently following her daughter during school hours over past three months and repeatedly expressing romantic interest by frequently stating “I Love You”. Based on the above, FIR was registered against the applicant. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix and some of the witnesses have been examined and they have not supported the case of prosecution and have turned hostile. He further submits that the applicant is in jail since 21.03.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Victim and her mother appeared through the concerned DLSA and she has raised no objection for grant of bail. 6 Heard counsel for the parties and perused the record. 3 7. On due consideration of the rival submissions and the fact that the prosecutrix has not supported the prosecution case and the applicant is in jail since 21.03.2025, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. (iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge