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2025 DAILYLAW 7330 (CHH)

RAMU NAG @ KANCHA v. STATE OF CHHATTISGARH

MCRC/1122/2025 · 2025-02-28

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:10108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1122 of 2025 1 - Ramu Nag @ Kancha S/o Mohan Nag Aged About 34 Years R/o Ward No. 09 Labour Haatment Purana Market Bacheli Distt. Dantewada Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Thana Bacheli Distt. Dantewada Chhattisgarh ... Respondent For Applicant : Mr. Vikash A. Shrivastava, Advocate For State /Respondent : Ms. Sunita Sahu, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 28/10/2024 in connection with Crime No.50/2024, registered at Police Station- Bacheli, District Dantewada (C.G.) for the offence punishable under Sections 127 (2), 74 of B.N.S. & Section 8 of the POCSO Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.04 12:49:19 +0530 2 2. The case of the prosecution in brief is that the present applicant confined the victim in his room and thereafter removed the clothes with intention to outrage her modesty and touched her body. Thereafter, the report was lodged against the present applicant and during investigation he was arrested. 3. Learned counsel for the applicant submits that just before the date of incident some quarrel took place in between the father of the victim and the applicant and therefore, the complainant lodged the false complaint against the applicant. He would next contend that the prosecutrix has been examined by the doctor and there is no sign of recent sexual assault. He would lastly contend that the applicant is in jail since 28/10/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 5. The prosecutrix along with her mother appeared through video conferencing from DLSA, Bacheli and she objected to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 3 7. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant in this case as the applicant tried to outrage the modesty of the victim, who is a minor aged about 12 years and the age of the accused is 33 years and he is a married person. Therefore, looking to the nature of offence and the age of the victim and the objection raised by the prosecutrix, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is rejected. However, the learned trial Court is directed to expedite the trial. - SD/- (Arvind Kumar Verma) Judge Ashu