Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 54922 (CHH)

DHARAM RAJ KASHYAP v. STATE OF CHHATTISGARH

MCRC/9828/2025 · 2025-12-18

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:61864 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9828 of 2025 Dharam Raj Kashyap S/o Lakhan Kashyap Aged About 20 Years R/o Village Pakariya Jhulan, Police Station Mulmula, District - Janjgir Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Mulmula, District - Janjgir Champa Chhattisgarh ---- Respondent For Applicant : Mr. Rohan, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 19/12/2025 1. Pursuant to the order dated 03.12.2025, victim along with her father appeared before this Court through virtual mode from the DLSA Janjgir Champa (C.G.) and raised objection in granting bail to the applicant, their submission is taken on record. 2 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 13.06.2024 in connection with Crime No.313/2023 registered at Police Station Mulmula, District Janjgir Champa (C.G.) for the offence under Sections 363, 366, 376(2)(n), 376(3) of IPC and Sections 4 & 6 of the POCSO Act. 3. Brief facts of this case are that on the basis of the report lodged on 23.11.2023 by the complainant, Crime No. 313/2023 was registered at Police Station Mulmula against the accused for the offences punishable under Sections 363, 366, 376(2)(n), 376(3) IPC, and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. The victim was recovered from the accused on 13.06.2024, and it is alleged that the accused committed sexual assault upon her. 4. Learned counsel for the applicant would submit that the present applicant is innocent person and he has been falsely been implicated in the present case. He further contended that the age of the prosecutrix is not proved and prosecution is provide just dakhil kharij as a document for age proof. The prosecutrix is consenting party and love affair between the prosecutrix and the present applicant. The applicant is in jail since 13.06.2024, final adjudication of the case will take its own time, therefore, the applicant may be enlarged on bail. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 3 6. I have heard learned counsel for the parties, perused the case diary and other materials available on record. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the fact that at the time of recovery, the victim stated that the accused had forcibly lured and abducted her, promising to marry her, and then subjected her to physical abuse. Medical examination also revealed that the victim was pregnant. The nature of the offence alleged against the applicant/accused is serious in nature, therefore, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application of the applicant involved in Crime No.313/2023 registered at Police Station Mulmula, District Janjgir Champa (C.G.) for the offence under Sections 363, 366, 376(2)(n), 376(3) of IPC and Sections 4 & 6 of the POCSO Act, is rejected. Sd/- (Arvind Kumar Verma) Judge Vasant