Gulewar Kumar Patel @ Guliwar Vs State of Chhattisgarh

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1

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2025:CGHC:31995

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4374 of 2025

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1 - Gulewar Kumar Patel @ Guliwar S/o Dhanjai Patel Aged About 21 Years R/o Gindola, Police Station Lawan, District Baloda Bazar- Bhatapara, 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 Lawan, District Balodabazar- Bhatapara, Chhattisgarh.

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... Respondent

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For Applicant	: Ms.	Ritika Verma, Advocate.
For State/Respondent	: Mr.	Vivek Sharma, P.L.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order on Board

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10/07/2025

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1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 234/2025 registered at Police Station Lawan, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 74 of BNS and Section 12 of POCSO Act, 2012.

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Digitally signed by HEERA LAL SAHU Date: 2025.07.10 18:03:40 +0530

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2

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2. As per the prosecution’s case, it is alleged that on 07.05.2025, the applicant/accused kept an evil eye on the victim while she was dancing in the marriage procession and followed her and molested her at about 10-11 pm, holding her hand, arm and waist and also pulling her hair. It is also alleged that the applicant again molested the victim on 08.05.2025 at about 8:30 pm, near the house of the victim’s brother, despite even after explaining and being stopped by the sister and brother of the accused. Based on this, offence has been registered against the present applicant.

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3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case. She further submits that the applicant is in jail since 14.05.2025, charge sheet has been filed, there are a total of 14 witnesses, and no one has been examined till date, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant.

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4. On the other hand, learned counsel for the State opposed the bail application and submits that the applicant did a heinous crime with a minor girl, therefore, at this stage, he may not be enlarged on bail.

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5. On 04.07.2025, the victim along with her father was

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3

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present in person before this Court and raised objection to grant bail to the applicant.

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

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7. Considering the facts and circumstances of the case and also considering the fact that the applicant is in custody since 14.05.2025, charge sheet has been filed, trial is not commenced yet, and the trial is likely to take considerable time, therefore, at this stage, I am inclined to release the applicant on bail.

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8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case.

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9. 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/- (Sanjay Kumar Jaiswal) Judge

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H.L. Sahu

Gulewar Kumar Patel @ Guliwar v. State of Chhattisgarh

Case brief

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Gulewar Kumar Patel @ Guliwar v. State of Chhattisgarh

Case brief

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