Harish @ Harshit @ Lalu Chouhan Vs State of Chhattisgarh

¶1

1

¶2

2025:CGHC:21420

¶3

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶4

MCRC No. 2955 of 2025

¶5

1 - Harish @ Harshit @ Lalu Chouhan S/o Shri Balram Chouhan, Aged About 27 Years R/o Village - Krishna Nagar Korar, Thana - Korar, Tahsil - Durgukondal, District - North Bastar Kanker (C.G.)

¶6

...Applicant (s)

¶7

versus

¶8

1 - State of Chhattisgarh Through - Station House Officer, Police Station - Antagarh, District - North Bastar Kanker (C.G.)

¶9

... Respondent(s)

¶10

For Applicant (s) : Mr. Shreyansh Pathak, Advocate For Respondent(s) : Mr. HAPS Bhatia, Panel Lawyer

¶11

SB : Hon'ble Shri Justice Deepak Kumar Tiwari

Order

on Board

08/05/2025

Today, the prosecutrix along with her mother appears through the Help Desk of the concerned DLSA and did not object to the prayer for grant of bail to the applicant.

¶16

Digitally
signed by
SHYNA
SHYNA AJAY
AJAY Date:2025.05.09
13:35:14
+0530

¶17

This is the third application filed under Section 483 of the BNSS for grant of regular bail to the applicant, who has been arrested in connection with Crime No.9/2023 registered at Police Station Antagarh, District North Baster, Kanker (CG) for the offence punishable under Sections 376, 506 of the IPC and Section 4 of the POCSO Act.

¶18

The first bail application of the applicant was dismissed on merits by order

¶19

2

¶20

dated 4.7.2023 passed in MCRC No.3632/2023. The second bail application of the applicant was dismissed as withdrawn by order dated 18.4.2024 passed in MCRC No.2647 of 2024 with a direction to expedite the trial.

¶21

Prosecution case is that complainant, who is the mother of the prosecutrix, has lodged a written report with the concerned PS alleging that on 25.2.2023 her daughter i.e. the prosecutrix fell ill. When she was being taken to the hospital for treatment, the doctor informed that she was pregnant for about 4- 5 months. On being asked the prosecutrix, she informed that during the period 10.10.2022 and 15.10.2022, when she was alone in the house, the applicant committed forceful sexual intercourse with her. Based on such allegations, offence has been registered.

¶22

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the applicant has been in jail since 6.3.2023. In the earlier order, this Court had given a direction to expedite the trial, but it has not yet been concluded. He further submits that at present, the prosecutrix has attained majority and the victim and her family in order to improve their relationship, filed an affidavit in support of the applicant. He would submit that the applicant, who is a young boy, and the victim were in love relations, therefore, considering this backdrop, the applicant may be enlarged on bail.

¶23

On the other hand, learned counsel for the State opposes the bail application.

¶24

Considering the facts and circumstances of the case, particularly considering the fact that the victim and her mother have not raised any objection with regard to grant of bail to the applicant and also considering the pre-trial detention of the applicant and further considering that the conclusion of trial is likely to take some more time, this Court is inclined to release the applicant on bail.

¶25

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

¶26

Certified copy as per rules. Sd/-

¶27

( Deepak Kumar Tiwari)

¶28

Judge

¶29

Shyna

¶30

3

Harish @ Harshit @ Lalu Chouhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Harish @ Harshit @ Lalu Chouhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Xyz Vs Bhuneshwar Prasad Dadsena

Yogesh Valryani Vs B.G. Enterprises

Reshamlal Bajpayee Vs Rajendra Kumar Khande

M/S Nai Duniya Vs Mayank Soni

State of Chhattisgarh Vs Smt. Shobha Rajput

Shivganga Agency Vs Santosh Kumar Singh