Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58228
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8721 of 2025 • Naresh Kumar Markam S/o Bahadur Singh Aged About 35 Years R/o Village Raliya, Post Office Aramshahi, Police Station Masturi, District- Bilaspur (C.G.)
... Applicant versus • State Of Chhattisgarh Through- Station House Officer Police Station Masturi, District. Bilaspur (C.G.) --- Respondent
For Applicant : Mr. Kishore Narayan, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 01/12/2025
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.687/2025, registered at PS -Masturi, District. Bilaspur (C.G.), for commission of offence punishable under Sections 75(1)(i), 296, 351(2), 115(2) of BNS and Section 8 of the POCSO Act.
2. Case of prosecution, in brief, is that on 12.10.2025, victim/ prosecutrix was in her shop, at about 5:00 p.m, applicant came to
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her shop and asked for Gudakhu, to which, she told him that she was not having Gudakhu in her shop, thereafter, applicant offer her Rs.200/- for doing wrong thing, to which, victim denied and went to her house. Applicant entered her house and, thereafter, tried to outrage her modestly and beaten/slapped her also. Based upon report, FIR was registered and applicant has been arrested in the aforesaid 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. On the date of alleged incident, there was hot talk between the applicant and family members of the victim as the applicant insisted for Gudakhu. Said conversation got bitter and it was converted into an FIR with false allegation against the applicant. 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 a employee of the NTPC and he is in jail since 14.10.2025, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed the aforesaid offence/crime with minor victim (aged about 17 years and 02 months). Hence, looking to the nature of offence, applicant may not be released on bail.
5. Heard learned counsel for the parties.
6. Pursuant to order of this Court, victim and her mother were
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appeared before this Court on 20.11.2025 by virtual mode from the concerned DLSA and they raised objection in granting bail to the applicant.
7. Considering facts of the case, nature of allegations, submissions of
learned counsel for the parties, material/evidence available in case diary, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.
8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J/-