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2026 DAILYLAW 23904 (CHH)

RAVI JOSHI v. STATE OF CHHATTISGARH

MCRC/4686/2026 · 2026-06-29

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:26650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4686 of 2026 1 - Ravi Joshi S/o Bhushan Prasad Joshi Aged About 19 Years R/o- Village Lanja, Police Station Simga, District Balodabazar-Bhatapara (C.G.)(Particular Of The Applicant Is Properly Not Mentioned In The Cause Title Of Impugned Order Sheet And Correct Details Is Being Mentioned As Per Charge Sheet) ... Applicant versus 1 - State Of Chhattisgarh Through SHO Police Station- Simga, District- Balodabazar-Bhatapara (C.G.)(Details Of Non-Applicant Is Properly Not Mentioned In Cause Title Of Impugned Order Sheet) ... Respondent For Applicant : Mr. Aman Tamrakar, Advocate For Respondent/State : Ms. Deepeshwari Mahilwar, P.L. For Objector/Victim : Mr. Sanskar Bajpai, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30.06.2026 1. The victim and her parents appeared in person before this Court today and objected to grant of bail to the applicant. 2. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.01 12:37:07 +0530 2 applicant who has been arrested in connection with Crime No.468/2025 registered at Police Station Simga, District Balodabazar-Bhatapara (CG) for the offence punishable under Section 64(2)(m) of BNS and Sections 5(l)/6 of Protection of Children from Sexual Offences Act, 2012. 3. The first bail application of applicant was dismissed as withdrawn vide order dated 01.04.2026 in MCRC No.2541/2026. 4. As per the prosecution case, the applicant is alleged to have committed sexual intercourse with the minor victim on several occasions during the period from 14.07.2025 to 22.08.2025 on the pretext of marriage. Pursuant to the report lodged in this regard, the applicant was arrested on 27.08.2025. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that despite repeated summons and orders issued by the trial Court, the victim has failed to appear for recording of her evidence. It is further submitted that even during the pendency of the applicant's earlier bail application, her statement could not be recorded, on account of which the said bail application was withdrawn. Learned counsel further submits that the applicant has been in judicial custody since 27.08.2025. Till date, neither the statement of the victim nor those of her parents have been recorded before the trial Court. It is further submitted that although the matter was last fixed on 3 10.06.2026, they again failed to appear, thereby causing undue and deliberate delay in the progress of the trial. It is, therefore, contended that there is no likelihood of the trial being concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, and considering the nature of offence, the applicant does not deserve to be released on bail. 7. Learned counsel appearing for the objector also opposes the prayer for bail and submits that the applicant and his associates have been extending threats to the victim and her family and have also threatened to falsely implicate the victim's father in a criminal case. 8. Heard learned counsel for the parties and perused the case diary. 9. Having considered the entire facts and circumstances of the case, the material available on record, the order sheets of the trial Court and taking into account the fact that the applicant has remained in judicial custody since 27.08.2025, the statement of the victim has not yet been recorded despite repeated opportunities and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 4 10. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE