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2026 DAILYLAW 37943 (CHH)

ABDUL RAMJAN @ RIYAZ @ TABBU v. STATE OF CHHATTISGARH

MCRC/8482/2026 · 2026-09-30

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010355622026 2026:CGHC:42716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8482 of 2026 Abdul Ramjan @ Riyaz @ Tabbu S/o Abdul Samim Aged About 19 Years R/o Behind Bhanu Kirana Shop, Shankar Nagar, Chhavni, Police Station - Jamul, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Jamul, District - Durg Chhattisgarh ... Respondent For Applicant : Smt. Fouzia Mirza, learned Senior Counsel duly assisted by Shri Naveen Shukla, Advocate. For Respondent/State : Ms. Laxmin Kashyap, Panel Lawyer. (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 01/10/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 447/2026 registered at Police Station Jamul, District Durg (C.G.), for the offence punishable under Sections 126, 351(3), 74 of the Bhartiya Nyay Sanhita, 2023 (for short, the BNS) and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act). 2. As per the case of the prosecution, on 28.06.2026, father of the victim lodged a written complaint to the effect that on 01.06.2026, the present Digitally signed by ALLENA ANJANI KUMAR Date: 2026.10.01 17:32:19 +0530 2 applicant intercepted his daughter, aged about 16 years near Shankar Nagar Chowk, assaulted her and tried to outrage her modesty. On such complaint, the police registered the aforesaid offences, as stated above, against the present applicant. 3. Learned Senior Counsel for the applicant would argue that there is no allegation of sexual assault as defined under Section 8 of the POCSO Act against the present applicant. She would submit that there was some altercation between the applicant and the victim and a false complaint was lodged after one month. She would submit that in the present case, charge-sheet has already been filed; the applicant is in jail since 30.06.2026; he has one criminal antecedent and further, conclusion of the trial is likely to take some considerable time. Therefore, she would pray that the bail application may be allowed and the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State would oppose the submissions advanced by the learned counsel for the applicant. She would submit that the victim in her statement recorded under Section 183 of BNSS has made serious allegations that the present applicant made attempt to outrage her modesty. She would submit that the applicant has one criminal antecedent registered in the year 2025 for commission of offence punishable under Section 115, 296 and 3(5) of BNS, therefore, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the facts that the applicant has one criminal 3 antecedent which was registered in the year 2025 and it is not of similar nature; charge-sheet has already been filed; the applicant is in jail since 30.06.2026; it appears that there was altercation between the victim and the complainant and the contents of F.I.R. would reveal that the victim was slapped by the present applicant and further conclusion of trial may take some considerable time, I am inclined to grant bail to the applicant. Accordingly, the instant bail application is allowed. 7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) he 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; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani