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2025 DAILYLAW 58336 (CHH)

RAHUL BHARADWAJ v. STATE OF CHHATTISGARH

MCRC/7896/2025 · 2025-11-05

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:54185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7896 of 2025  Rahul Bharadwaj S/o Shri Setram Bhardwaj Aged About 19 Years R/o Village - Reda, Police Station - Sarangarh, And District Sarangarh- Bilaigarh Chhattisgarh ... Petitioner(s) versus  State Of Chhattisgarh Through S.H.O. Of Police Station - Sarnagarh, And District - Sarangarh-Bilaigarh Chhattisgarh ---Non-Applicant For Applicant : Mr. Abhishek Saraf, Advocate. For-Non-applicant : Ms. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Arvind Kumar Vema, Judge Order on Board 06/11/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 693/2024 registered at Police Station Sarangarh District Sarangarh Bilaigarh (C.G.), for the offence punishable under Sections 332(a), 103(1), 64(2-M) of the BNS AND 5(l)/6 of the POCSO Act. 2. In pursuance of notice issued to victim, today, mother of the prosecutrix appeared before this Court and raised objection in releasing the applicant on bail. Digitally signed by JYOTI JHA Date: 2025.11.11 11:23:04 +0530 2 3. The allegation against the present applicant as per the prosecution case is that, on 03-10-2024 around 02:30 PM, mother of the Prosecutrix lodged report against the applicant at Police Station City Kotwali Sarangarh Bilaigarh by alleging that, she used to live with her Middle daughter Deepti Pankaj, on 02-10-2024 at around 9.00 pm. After having dinner, the Deceased/Dipti Pankaj went inside the room to study and she went to sleep in the room near the front door. Than on 3- 10-2024 at around 12:20 pm, her daughter Dipti Pankaj came to me in a blood soaked kitchen holding her stomach in her hand and said that, Applicant came from the rooftop to the courtyard, entered inside the kitchen and stabbed me in the stomach with a knife. When I looked, my daughter Deepti Pankaj's stomach had been swallowed from inside and was filled with blood. she was crying holding her daughter in her lap. Jitendra Puran on hearing the crying sound. When Bhupendra Puren came, Dipti Pankaj told him about the incident and fell unconscious and was not talking. Rahul Bhardwaj stabbed her daughter Dipti Pankaj in the stomach and thereby committed the offences. Ghanshyam Sahu, Kirtan Mahant, Nehru Pankaj and people from the vicinity witnessed the incident. on the basis of such FIR, the offences under section 332(a), 103(1), 64(2-M), of the Bhartiya Nyay Sanhita and 5(L)/6 of the POCSO Act have been registered against applicant, he is in jail since 03-10-2024 and charge sheet has been filed in the 4. It has been argued by the learned counsel for the applicant that it is further submitted that nobody seen the incident and only on the weak type of circumstantial evidences the entire case is base upon and there is no motive and intention proved by the prosecution in the entire chart sheet. Moreover, FSL and MLC is also not supporting the prosecution. 3 The applicant is in jail since 03.10.2024, therefore he prays that the applicant be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State. 6. Learned counsel for the State however opposing the bail application submits that the accused has given the poisonous substance to the victim and the consent of the prosecutrix is immaterial for the reason that the prosecutrix was a minor and thus prayed for rejection of bail application. 7. Considering the nature and gravity of the offence and further considering the fact that the present applicant assaulted the deceased by means of knife and committed murder, therefore, at this stage, the aforesaid bail application of applicant is rejected. 8. OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti