Swapnil Yadav Vs State of Chhattisgarh

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1

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2025:CGHC:7158

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 111 of 2025

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1 - Swapnil Yadav S/o Shri Sudhir Kumar Yadav Aged About 20 Years R/o- Sukulpara, Kharoud, P.S. Shivrinarayan, Tah. Pamgarh, Distt.Janjgir-Champa (Chhattisgarh)

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... Applicant

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versus

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1 - State Of Chhattisgarh Through- S.H.O., P.S. Shivrinarayan, Distt.Janjgir-Champa (Chhattisgarh)

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... Respondent(s)

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For Applicant : Shri Ravindra Sharma, Advocate For Respondent(s) : Ms. Laxmin Kashyap, PL

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(Hon’ble Shri Justice Arvind Kumar Verma) Order on Board

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07.02.2025

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The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 526/2024 registered at police station Shivrinarayan, District Janjgir-Champa (CG) for the offence punishable under Section74 of BNS and Section 8 of the Protection of Digitally signed by SUGUNA Children from Sexual Offences Act, 2012.SUGUNA DUBEY DUBEY Date:2025.02.08 12:20:27 +0530

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Prosecution case in brief is that report was lodged by the mother of the victim alleging that on 16.12.2024 at about 4.00 pm when her daughter was returning from school, near R.S.Dhaba, the applicant caught hold of her hand with intention to outrage her modesty. The victim informed about the incident to her mother and the report was lodged against the applicant.

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Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was delay of about 5 days in lodging the FIR and there is no explanation by the complainant. He further submits that there was some old rivalry between the family of the complainant and the applicant and therefore he has been implicated and no case for the aforesaid offences is made out against the applicant. He submits that the applicant is in jail since 21.12.2024 and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail.

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Learned counsel for the respondent/State, on the other hand, has opposes the bail application and submits that the applicant has a previous criminal antecedent against him under Section 323 IPC.

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Notice has been served upon the father of the victim but none appeared on behalf of the complainant/objector.

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Heard counsel for the parties and perused the record.

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On due consideration of the rival submissions and the fact that the applicant is in jail since 21.12.2024 and looking to the fact that the

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report was lodged after five days of the incident and also that there was some old rivalry between the complainant and the family of the applicant, the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.

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It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions:

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i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance.

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ii) He shall not make any attempt to tamper with the prosecution witnesses.

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Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly.

Sd/-

(Arvind Kumar Verma)

Judge

suguna

Swapnil Yadav v. State of Chhattisgarh

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Swapnil Yadav v. State of Chhattisgarh

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