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2025 DAILYLAW 55001 (CHH)

RAMMURAT KAUSHIK v. STATE OF CHHATTISGARH

MCRC/8406/2025 · 2025-10-16

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:51956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8406 of 2025 Rammurat Kaushik S/o Mitlal Kaushik Aged About 55 Years R/o Dhandhan P.S. Takhatpur District- Bilaspur (C.G.) Presently R/o Sagardeep Colony Uslapur District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Sakri District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Achyut Tiwari, Advocate. For Respondent : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 249/2025 registered at Police Station – Sakri, District Bilaspur, for the offence punishable under Sections 75(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS) and Section 8 of the Protection of Children from Sexual Offences Act, 2012. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 20:42:33 +0530 2 2. The prosecution's case, in brief, is that Gorelal Kashyap, Head Master of Government Primary School, Sakri, lodged a complaint on 24.04.2025 stating that in between 01.10.2024 to 18.10.2024, the applicant, a Teacher in the same school, had sexually assaulted minor girls studying in Class VII-A of the said school. 3. Mr. Achyut Tiwari, learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The incident is alleged to have taken place in between 01.10.2024 and 18.10.2024 whereas the FIR was lodged on 24.04.2025 and there is no explanation for such a long delay. The applicant has an unblemished service record and has been performing his duties without any complaint for the last 35-36 years. The complainant, who is the Head Master in the same school is having personal grudge with the applicant and as such, false complaint has been lodged. In the trial, the alleged victims have turned hostile and not supported the prosecution case. The applicant is in jail since 30.07.2025 and conclusion of the trial is likely to take some time and as such, he prays that the applicant may be released on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is alleged of committing offence under Section 75(1) of the BNS and 8 of the POCSO Act, which are grave in nature, the trial is in progress and as such, the bail application of the present applicant deserves to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, and further that the allegations against the applicant are grave in nature where the applicant, being the Teacher, 3 is alleged to have sexually assaulted minor girl students of his own school, and evidence of three prosecution witnesses who are girl students have already been recorded and they have turned hostile. As the trial is in progress, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Rammurat Kaushik, involved in Crime No. 249/2025 registered at Police Station – Sakri, District Bilaspur, for the offence punishable under Sections 75(1) of the BNS and Section 8 of the POCSO Act, is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek