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2025 DAILYLAW 53748 (CHH)

GOVIND KUMAR SAYAR v. STATE OF CHHATTISGARH

MCRC/8025/2025 · 2025-11-11

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:55150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8025 of 2025 • Govind Kumar Sayar S/o Santosh Kumar Sayar Aged About 18 Years R/o Village- Jarve, Police Station - Jaijaipur, District - Sakti, Chhattisgarh. ... Applicant(s) versus • State Of Chhattisgarh Through - Station House Officer, Police Station- Jaijaipur, District- Sakti (C.G.) --- Respondent For Applicant : Mr. Virendra Verma, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/11/2025 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.232/2025, registered at PS -Jaijaipur, District- Sakti (C.G.), for commission of offence punishable under Sections 74, 126(2), 296, 115(2), 351(3), 3(5) of the BNS & Section 8 of the POCSO Act. 2. Case of prosecution, in brief, is that FIR was lodged by minor victim against present applicant and his brother alleging that on 22.08.2025 at about 10:00 A.M. morning she was going to school 2 then present applicant came near Jaitkham and asked her to talk him through mobile phone which was replied by her that she will not talk with him. On said refusal, present applicant told her that he loved her and tried to caught hold of her hand then she shouted for help and escaped from there. This applicant threatened her to cause death if she disclosed the said incident to anyone, therefore, she did not disclose the incident to anyone. It is further alleged that on 25.08.2025, complainant (victim) went to market with her elder brother where present applicant was touching her hand then she disclosed the incident to her brother, to which, her brother asked present applicant for doing such offence then he (applicant) alongwith his brother (co-accused) started abusing and assaulted her brother by hands and also by means of Kada (bracelet/bangle), due to which, victim suffered injuries. Based upon which, aforementioned offence/crime has been registered against the applicant. 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. Vijay Kumar Sayar (co-accused, brother of applicant) has already been enlarged on bail by the Court below. There is no any other criminal antecedent against the applicant. Applicant is in jail since 25.08.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant. 3 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim appeared before this Court and she raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, material/evidence available in the case diary, particularly the fact that co-accused (brother of applicant) has already been enlarged on bail by the Court below, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Arvind Kumar Verma) Judge J/-