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2025 DAILYLAW 57175 (CHH)

RAHUL SHRIVASH v. STATE OF CHHATTISGARH

MCRC/10016/2025 · 2025-12-16

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10016 of 2025 Rahul Shrivash S/o Shri Anand Ram Shrivash Aged About 21 Years R/o Vill - Nawatalab Budhwari Mohalla, Balouda, Distt - Janjgir-Champa Chhattisgarh ... Applicant versus State of Chhattisgarh through - S.H.O., P.S. - Baloda, Distt - Janjgir- Champa, Chhattisgarh. ... Respondent For the applicant : Mr. Ravindra Sharma, Advocate For the State : Mr. G. L. Ukey, Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17.12.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 18/2025 registered at Police Station Baloda, District Janjgir Champa (CG) for the offences under Sections 137(2), 96, 64, 61(2) of BNS and Sections 4 & 6 of the POCSO Act. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.12.17 16:52:00 +0530 2 2. The prosecution story in brief is that on 18.01.2025 the father of the victim had lodged the missing report to the effect that on 17.01.2025 he went to his in-laws house at village Bendarkona, Dist. Korba and in the mid night his elder son Mukesh Patel informed him that the victim has left the house at about 11.30 pm and did not return. Receiving such information, the complainant returned to his home at about 02.30 a.m., and searched for his minor daughter along with family members and when he did not find his daughter, lodged the complaint. During investigation, on 25.01.2025, the victim was recovered at Railway Station Kharsiya, thereafter, her statement was recorded by P.S. Baloda on 25.01.2025 wherein she made allegations against the applicant, on which, the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has not committed any offence. He submits that the victim, her mother and father have been examined before the trial Court and they have become hostile to the prosecution case. He further submits that although the victim is stated to be minor but the evidence of correct age has not been collected by the prosecution. He submits that the applicant is in jail since 25.01.2025 and till date out of a total 27 witnesses, only 3 have been examined and and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and was recovered from the possession of the applicant. 3 5. The victim along with her father and mother has appeared through the concerned VC and has not objected to grant bail. 6. Having considered the submissions made by learned counsel for the parties and the statements of the victim and her mother as also the fact that the trial is likely to take time and further looking to the long custody period of the applicant, without observing anything on merits of the case, I am inclined to release the applicant on regular bail. 7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. CC as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao