Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:56345
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8773 of 2025 Vishal Vishwakarma S/o Sanjay Vishwakarma Aged About 21 Years Caste Vishwakarma R/o Shivnandanpur, Police Station Bishrampur, District- Surajpur (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bishrampur, District- Surajpur (C.G.)
... Respondent For Applicant : Mr. D.N. Prajapati, Advocate For Respondent : Mr. Pranjal Shukla, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 19.11.2025
1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 75/2025 registered at Police Station – Bishrampur, District-Sarguja (C.G.) for offence punishable under Section 70(2), 137(2) and 87 of BNS, 2023 and ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.20 10:42:48 +0530
2 Section 4 and 6 of Protection of Children from Sexual Offences Act,
2012.
2. Case of prosecution in brief is that mother of the victim lodged report in Police Station against the applicant and co-accused persons stating that they have committed forceful sexual intercourse with her minor daughter. Based upon which aforementioned crime was registered and applicant was arrested on 04.04.2025.
3.
Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that there is contradiction in the statement of victim. It has come that she is making her statement based upon the instructions of her parents. Doctor in her deposition has stated the she did not find any internal or external injury on the person. He lastly submits that applicant is in jail 04.04.2025 and trial may take considerable time to conclude, hence applicant may be enlarged on bail.
4. On the other hand, learned State counsel opposes the submission made by learned counsel for applicant and would submit that there are specific allegations against applicant and co-accused persons that they have committed forceful sexual intercourse with the victim who is aged about 12 years and 08 months only. In the deposition before Court also victim stood firm towards the allegations leveled against applicant in her statement recorded under Section 180 and 183 of CrPC.
5. Pursuant to notice issued vide order dated 04.11.2025 by this Court, victim along with her parents appeared through video conferencing from DLSA Surguja and raised objection in grant of bail to applicant.
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6. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application.
7. Taking into consideration facts and circumstances of the case, nature of allegation against the applicant, age of the victim to be less than 13 years, submission made by learned counsel for the respective parties as also documents enclosed with bail application, I do not find present to be a fit case to allow the application, accordingly, application is dismissed.
8. However, trial Court is directed to take all necessary steps for causing presence of prosecution witnesses for early disposal of the criminal case. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza
JUDGE