Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9721 of 2025 Chaman Kuldeep @ Golu S/o Shri Sudama Kuldeep Aged About 24 Years R/o Village Salna, Thana Borai, District Dhamtari Chhattisgarh
... Applicant versus State of Chhattisgarh through Station House Officer, Police Station Borai, District- Dhamtari Chhattisgarh ... Respondent For the applicant : Mr. Shreyansh Pathak, Advocate For the State : Mr. G.L. Ukey, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 04.12.2025
1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 02/2025 registered at Police Station Borai, District Dhamtari (CG) for the offences under Sections 137(2), 87, 65(1), 3(5) of BNS 2023 and Section 18 of the POCSO Act, 2012. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.12.04 17:27:43 +0530
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2. The earlier bail application has been dismissed by order dated 12.08.2025 passed in M.Cr.C.No.6149 of 2025.
3. The prosecution story in brief is that the victim, a minor, went missing on 28.03.2025 and her father lodged a report against an unknown person. During investigation, the victim was recovered and she stated that she was taken to Raipur and Gujarat by accused Roop Lal Patel and others. The investigation revealed that the accused Navratri Markam provided a mobile phone to the victim and facilitated communication with Roop Lal Patel, who allegedly abducted and sexually assaulted the victim. The present applicant Chaman Kuldeep alias Golu, co-accused Roop Lal patel and Rakesh are accused of taking the victim to Gujarat, where she was subjected to sexual assaults. Based on these allegations, offence has been registered against the applicant and others.
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Learned counsel for the applicant submits that the victim and her father have been examined before the Court and they have not supported the case of prosecution. He refers to Para 17 of the cross examination of the victim (P.W.1) and submits that there was a categorical admission made by her that she has not been misled or misinformed by applicant Chamanlal and further she has no complaint against him. He further refers to para 17 of the statement of father of victim (P.W.2) and submits that the father has clearly stated that no incident was caused by the applicant with his daughter. He further submits that though the prosecutrix is stated to be minor yet the evidence of correct age has not been proved. He submits that the applicant is in jail since 27.05.2025 and till date out
3 of a total 18 witnesses, only 8 have been examined and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail at this stage.
5. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident the applicant was minor and the trial is in progress.
6. The victim along-with her father has appeared through VC from DLSA Dhamtari and objected to grant bail to the applicant.
7. Having considered the submissions made by learned counsel for the parties and further considering the court statements of victim and her father at para 17 of their cross examinations as also the fact that the trial is likely to take time and looking to the custody period of the applicant, without observing anything on the merits of the case, I am inclined to release the applicant on bail at this stage.
8. Accordingly, the bail application is allowed and the applicant Chaman Kuldeep @ Golu is directed to be released on bail on his furnishing a personal 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