SANJAY KUMAR CHANDRAKAR @ BABLU v. STATE OF CHHATTISGARH
MCRC/5761/2025 · 2025-08-10
Shri Sanjay Kumar Jaiswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49856 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49856 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:40286
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5761 of 2025 1 - Sanjay Kumar Chandrakar @ Bablu S/o Chatur Chandrakar, Aged About 25 Years, R/o Shanti Nagar, Near Bamleshwari Mandir, Bhagbhara, Police Station - Bhagbahara, 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 Respondent/State : Mr. Vivek Sharma, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 11 / 08 / 2025
1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 147/2025 registered at Police Station – Mana Camp, District –Raipur (C.G.) for the offence punishable under Section 137(2), 87, 64 of BNS and Section 4, 6 of the POCSO Act, 2012. 2. The prosecution story, in brief, is that on 24.05.2025, the complainant i.e. the father of the victim inform the Police Station- Mana Camp that his daughter aged about 17 years on SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.12 17:14:40 +0530
2 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. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case with no connection to the alleged offence. It is further submitted that the victim has voluntarily accompanied the applicant and she was a consenting party, therefore, no offence is made out against the appellant. The applicant has no criminal antecedents and has been in jail since 24.05.2025 and the trial is likely to take considerable time to conclude, therefore, the present applicant may be released on bail. 4.
On the other hand, learned counsel for the State opposes the bail application and submitting that at the time of the incident, the victim was a minor, aged about 17 years, and during investigation she was recovered from the possession of the applicant. Given the nature and gravity of the offence, the applicant should not be granted bail., at this stage. 5. Today, victim along with her father appeared virtually and raised her objection in granting bail to the applicant. 3
6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking at the material available on record and the evidence against the applicant, and further considering the fact that the victim was recovered from the possession of the applicant and today the victim appeared virtually and raised an objection in granting bail to the applicant. Although the charge- sheet has been filed, the trial has not yet commenced; therefore, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. 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.