Dismissed¶7

Karan @ Dularelal Agariya v. State of Chhattisgarh

Chhattisgarh HC3 Jul 2025MCRC/3599/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; MCRC No. 3599 of 2025; regular bail during trial; Section 483 BNSS 2023; Crime No. 790/2024 P.S. Kota District Bilaspur; BNS 137(2), 64(2)(M), 65(1), 351(2), 308(2); POCSO 3/4(2), 5(B)/6; minor victim; sexual assault 20.08.2024-20.09.2024; threat to kill; demand of Rs. 20,000/-; victim objected via video conferencing from DLSA; 5 of 19 witnesses examined; applicant in custody since 03.10.2024; bail application rejected; trial Court directed to expedite trial; Sanjay Kumar Jaiswal, J.; decided 04/07/2025.

What did the court decide?

Regular bail refused; bail application under Section 483 of BNSS, 2023 rejected. Consequential directions: trial Court to expedite and conclude the trial expeditiously; Office to send a certified copy of the order to the trial Court concerned. ¶7

Karan @ Dularelal Agariya Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused/applicant (in custody since 03.10.2024) should be released on regular bail during trial of Crime No. 790/2024, P.S. Kota, District Bilaspur, for offences under BNS ss. 137(2), 64(2)(M), 65(1), 351(2), 308(2) and POCSO ss. 3/4(2), 5(B)/6.

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Court's answer

Considering the entire facts and circumstances, the material available on record, the evidence collected by the prosecution against the applicant and the nature of the crime, the Court was not inclined to release the applicant on bail at this stage, and accordingly rejected the bail application filed under Section 483 of BNSS, 2023.

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Ratio / Principle

The concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible.

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Detailed headnote1 paragraphs

Bail refused — High Court of Chhattisgarh at Bilaspur, MCRC No. 3599 of 2025 (Sanjay Kumar Jaiswal, J.; order dated 04/07/2025): First regular-bail application under Section 483 of BNSS, 2023 by Karan @ Dularelal Agariya (in custody since 03.10.2024) in Crime No. 790/2024, P.S. Kota, District Bilaspur (C.G.), for offences punishable under Sections 137(2), 64(2)(M), 65(1), 351(2), 308(2) of BNS and Sections 3/4(2), 5(B)/6 of POCSO Act — alleged forceful sexual intercourse with a minor victim from 20.08.2024 to 20.09.2024, coupled with a threat to kill and a demand of Rs. 20,000/-. The victim and her father opposed bail through video conferencing from the DLSA; the State pointed out that only 05 of 19 witnesses had been examined. Considering the material on record, the prosecution evidence and the nature of the crime, the bail application was rejected, and the trial Court was directed to expedite and conclude the trial as expeditiously as possible.

2025:CGHC:30708

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 3599 of 2025

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1 - Karan @ Dularelal Agariya S/o Pyarelal Agariya Aged About 26 Years R/o Village Bargavan, Chowki Belgehna, Police Station Kota, District Bilaspur, Chhattisgarh.

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... Applicant

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versus

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1 - State Of Chhattisgarh Through Station House Officer, Police Station Kota, District Bilaspur, Chhattisgarh.

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... Respondent

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For Applicant : Mr. Sumit Singh Rathore, Advocate. For Respondent/State : Mr. Karan Baharani, P.L.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

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04/ 07/ 2025

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The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 790/2024 registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections

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Digitally signed by HEERA LAL SAHU Date: 2025.07.07 10:21:35 +0530

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137(2), 64(2)(M), 65(1), 351(2), 308(2) of BNS and Sections 3/4(2), 5(B)/6 of POCSO Act.

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As per the prosecution’s case, it is alleged that from 20.08.2024 to 20.09.2024, the applicant committed forceful sexual intercourse with the minor victim. Further, it is alleged that the applicant threatened the victim to kill and demanded Rs. 20,000/- from her. Based on this offence has been registered against the present applicant.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He also submits that the applicant is in jail since 03.10.2024, and there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail.

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On the other hand, learned counsel for the State opposes the bail application and submits that the victim has clearly supported the case of the prosecution. He also submits that the applicant committed a heinous offence with a minor girl, and only 05 witnesses out of 19 witnesses have been examined; therefore, at this stage, he may not be enlarged on bail.

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The victim along with her father, appeared through video conferencing from the concerned DLSA and raised their objection to grant bail to 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 entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected .

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However, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible.

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

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Sd/- (Sanjay Kumar Jaiswal) Judge

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H.L. Sahu

Karan @ Dularelal Agariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Karan @ Dularelal Agariya v. State of Chhattisgarh

Case brief

What is this about?

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What the court decided

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