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2025 DAILYLAW 6912 (CHH)

XMAS TIGGA v. STATE OF CHHATTISGARH

MCRC/927/2025 · 2025-02-25

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:9596 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 927 of 2025 • Xmas Tigga S/o Khodwa Tigga Aged About 23 Years R/o Salyadih Bandhpara, Police Station- Batouli, District- Surguja (Chhattisgarh). ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Ambikapur, District- Surguja (Chhattisgarh). --- Respondent For Applicant : Mr. DN Prajapati, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL. For Objector : Ms. Seema Singh, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 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.742/2024, registered at PS - Ambikapur, District- Surguja (Chhattisgarh), for offence punishable under Sections 137(2), 87, 64(2)(D), 55, 318(4), 338, 336(3)A, 340(2) of BNS and Section 4 & 6 of the POCSO Act. 2. Case of prosecution, in brief, is that Mithuram Ravi (main accused) took the minor victim to the room of the present applicant and, thereafter, committed sexual intercourse with her on the pretext of marriage. Present applicant has helped the main accused in the alleged commission of crim/offence. Based upon report, FIR was registered against the applicant and he has been arrested. 2 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. Victim in her evidence has not made any allegation against the present applicant. There is no any other criminal antecedent against the applicant. Applicant is in jail since 19.12.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel as well as learned counsel for the Objector opposing the bail application of the applicant and would submit that present applicant has helped the Mithuram Ravi (main accused) in the commission of alleged commission of crime/offence, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Victim alongwith her guardian is also appeared before this Court and raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, evidence of the victim, particularly the fact that Mithuram Ravi (main accused) took the minor victim (below 16 years of age) to the room of the co-accused ie present applicant and, thereafter, committed sexual intercourse with her on the pretext of marriage, the role played by the present applicant in the alleged commission of crime/offence, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial, as early as possible, if there is no legal impediment. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.