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2025 DAILYLAW 52293 (CHH)

ROHIT BAGHEL v. STATE OF CHHATTISGARH

MCRC/9021/2025 · 2025-11-25

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:57581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9021 of 2025 1 - Rohit Baghel S/o. Shri Yogendra Pal Bhagel, Aged About 24 Years By Caste- Halba R/o- Village- Bhainsasur, P.S. Siksod, District North Bastar Kanker (C.G.).....(Address Of The Applicant Is Correctly Mentioned) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Siksod, District North Bastar Kanker (C.G.) ... Respondent(s) For Petitioner(s) : Shri Rajendra Patel, Advocate For Respondent/State : Shri Ajit Singh, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 26/11/2025 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. 03/2025 registered at police station Siksod, North Bastar, Kanker (CG) for the offence punishable under Sections 2 74,75,78,115(2) and 296 of BNS and Section 12 of the Protection of Children from Sexual Offences Act, 2012. 2. According to the prosecution, the applicant allegedly stalked the prosecutrix, made sexual advances and on a particular occasion caught hold of her hand, outraged her modesty and caused voluntary hurt when resisted. The victim’s brother lodged the report and the applicant was arrested. 3. Counsel for the applicant submits that the prosecution story is false and fabricated, the applicant has o prior criminal record and there is no credible evidence against the applicant. He further submits that the age of the prosecutrix has not been established and the applicant was in a consensual talk with the prosecutrix which led to a false implication out of malice from the victim’s brother. Lastly, he submits that the applicant is in custody since 19.09.2025, 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. Notice has been duly served upon the brother of the victim but none appeared. Ms. Mamta Mahilange, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim. 6. Having considered the facts and rival submissions and the case diary, this Court notes that the applicant is in custody since 19.09.2025, the charge sheet has already 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. 3 7. 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 SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.12.05 11:23:31 +0530