Taqir Ali Vs State of Chhattisgarh

In compliance of Court’s order dated 17.02.2025, victim and her father are appeared before this Court through video conferencing from the DLSA- Korba (C.G.). On being asked, they have raised objection to release the applicant on bail.

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This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.197/2024 registered

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Digitally signed VASANT by VASANTKUMAR KUMAR Date:2025.03.20 16:11:52 +0530

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at Police Station Banki Mongra, District Korba (C.G.), for the offence punishable under Sections 64, 65, 76, 238-B, 3(5) of BNS and Sections 4, 6, 11, 12 of the POCSO Act, 2012 & Section 67(B) of the IT Act, 2000.

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Case of the prosecution, in brief, is that on 04.10.2024, coaccused Sahil Ansari took the victim in the house of one Ramcharan Sahu @ Nanu where he made sexual intercourse with the victim and made the video of the incident. On 12.11.2024, father of the prosecutrix had lodged an FIR against co-accused Sahil Ansari and Ramcharan Sahu @ Nanu.

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Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. He further contended that at the time of so-called incident the applicant was not present at the spot. Therefore, the aforesaid offence is not made out against the applicant. He further contended that there is no previous antecedent of the applicant. The applicant is in jail since 13.11.2024 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail.

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Learned State Counsel opposes the submissions made by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the facts of the case, submission made by learned

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counsel for the parties and further considering that the trial Court finds that the statement of the prosecutrix has been recorded in the case in which she has fully supported the prosecution. The evidence of other witnesses in the case is yet to be recorded, the applicant/accused may influence other witnesses if granted bail at this stage. Since the alleged crime is of serious nature, granting bail to the applicant/accused does not seem justified. The charge framed against the accused is of very serious in nature. Considering the findings given by the trial Court and nature of crime, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail.

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Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.197/2024 registered at Police Station Banki Mongra, District Korba (C.G.), for the offence punishable under Sections 64, 65, 76, 238-B, 3(5) of BNS and Sections 4, 6, 11, 12 of the POCSO Act, 2012 & Section 67(B) of the IT Act, 2000, is rejected.

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Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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Sd/-

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(Arvind Kumar Verma) Judge

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Vasant

Taqir Ali v. State of Chhattisgarh

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Taqir Ali v. State of Chhattisgarh

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