Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 55746 (CHH)

NILESH KUJUR v. STATE OF CHHATTISGARH

MCRC/9313/2025 · 2025-12-01

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:58400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9313 of 2025 • Nilesh Kujur S/o Sajiv Kujur Aged About 27 Years Present Address- Village - Ward No. 4 Imlipara Lailunga, Ps- Lailunga, District- Raigarh (C.G.) Original Village And Ps- Ramanujganj District- Surajpur (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Officer-In Charge Police Station- Lailunga, Distt.- Raigarh (C.G.). --- Respondent For Applicant : Mr. Virendra Kashyap, Advocate on behalf of Mr. Ashutosh Mishra, Advocate. For Respondent/State : Ms. Nupur Trivedi, PL. For Objector : Mr. Chandrasen Chauhan, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/12/2025 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.133/2025, registered at PS -Lailunga, Distt.- Raigarh (C.G.), for commission of 2 offence punishable under Sections 65(2) of BNS and Sections 4 & 6 of the POCSO Act. 2. Case of prosecution, in brief, is that present applicant has committed forceful sexual intercourse with the minor victim. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime/offence. 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. There is delay in lodging of FIR, which has not been explained properly by the prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 22.05.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel as well as learned Counsel for the Objector opposing the bail application of the applicant and submits that there is specific allegation against the applicant of committing forceful sexual intercourse with minor victim (aged about 12 years and 04 months), which is also accepted by the victim (PW- 2) in her evidence. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that victim in her evidence has made specific allegation against the applicant of 3 committing forceful sexual intercourse with her, further considering the age of the victim, ie, only 12 years & 04 months on the date of alleged incident, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. However, considering the detention period of the applicant, trial Court concerned is directed to conclude the trial as early as possible, if there is no any legal impediment. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-