Devanand Shrivash Vs State of Chhattisgarh

1

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10243 of 2025

1 - Devanand Shrivash S/o Sevak Ram Shrivash Aged About 44 Years R/o Village Ward No. 11, Adhbhar, P.S. Malkharoda, District- Sakti, Chhattisgarh (Outpost Naila Is Wrongly Mentioned In Lower Court Order sheet In Cause-Title)

¶5

... Applicant

¶6

versus

¶7

1 - State Of Chhattisgarh Through Station House OfficerBaloda, Police Station- Baloda, District Janjgir Champa (C.G.)

¶8

... Respondent

¶9

For Applicant : Mr. Chandra Prakash Lahrey, Adv. For State : Mr. Jitendra Shrivastava, G.A.

¶10

Hon'ble Shri Justice Sanjay Kumar Jaiswal

¶11

Order on Board

¶12

07/01/2026

¶13

Digitally HEERALAL signed byHEERALAL SAHUDate: SAHU 2026.01.07 17:50:47 +0530

¶14

1. This is the second 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. 18/2025 registered at Police Station Baloda, District Janjgir-Champa (C.G.), for the offence punishable under Sections 137 (2), 96, 64, 61(2) of

¶15

2

¶16

BNS, 2023 and Sections 4 & 6 of POCSO Act.

¶17

2. The first bail application of the applicant was dismiss as withdrawn on 10.07.2025 in MCRC No. 4742/2025.

¶18

3. As per the prosecution’s case, on 18.01.2025 the father of the victim had lodged a missing report to the effect that on 17.01.2025 he went to his-in-laws house at village Bendarkona, District – Korba and in the mid night his elder son Mukesh Patel informed him that the victim has left the house at about 11:30 pm and did not return. Receiving such information, the complainant returned to his home at about 2:30 am, and searched for his minor daughter along with family members and when he did not find his daughter, lodged the complaint. During investigation, on 25.01.2025, the victim was recovered at Railway station Kharsiya, thereafter, her statement was recorded by P.S. Baloda on 25.01.2025 wherein she made allegations against the applicant. Based on this, offence has been registered against the present applicant.

¶19

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the victim, her mother and father have been examined before the trial Court and they have become hostile to the prosecution case. He further submits that the main accused Rahul Shrivash has

¶20

3

¶21

already been granted bail by this Court on 17.12.2025 in MCRC No. 10016/2025. The applicant is in jail since 23.03.2025 and till date out of a total 27 witnesses, only 3 have been examined, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant.

¶22

5. On the other hand, learned counsel for the State opposed the bail application and submitted that at the time of incident, the victim was minor; therefore, at this stage, he may not be enlarged on bail.

¶23

6. The victim along with her father has appeared through VC from the concerned DLSA and has not raised objection to grant bail to the applicant.

¶24

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

¶25

8. Considering the facts and circumstances of the case and also looking to the statements of the victim and her mother and father and the fact that the main accused has already been granted bail by this Court and the applicant is in jail since 23.03.2025, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail.

¶26

9. Accordingly, the application is allowed and it is directed

¶27

4

¶28

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. The 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.

¶29

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

¶30

Sd/- (Sanjay Kumar Jaiswal) Judge

¶31

H.L. Sahu

Devanand Shrivash v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Devanand Shrivash 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

Suresh Manikpuri Vs State of Chhattisgarh

Raju Gupta @ Laddu Vs State of Chhattisgarh

State Of Chhattisgarh Vs Dinesh Mahar

Inder Patel Vs State of Chhattisgarh

Anil Kumar Kushwaha Vs Girdhari

State of Chhattisgarh Vs Satnam Singh