Leelaram Markam Vs State of Chhattisgarh

The applicant has preferred this First bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No.244/2024, registered at Police Station – Hirri, DistrictBilaspur (C.G.) for offence punishable under Sections 137(2), 87, 64(2)(M), 65(1) of BNS and Sections 3/4(2), 5(L)/6 of POCSO Act.

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As per the prosecution’s case, the father of the victim lodged a complaint before the concerned police stating that on 05.09.2024, the applicant had abducted her minor daughter and on the pretext of marriage, established physical relationship

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Digitally signed by HEERA HEERA LAL LAL SAHUDate: SAHU 2026.04.06 17:54:24 +0530

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several times. Subsequently, on 20.09.2024, the victim was recovered from the possession of the applicant. Based on this, offence has been registered against the present applicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is a total of 22 listed witnesses in this case, out of which 5 witnesses, including the victim has been examined. There was a love affair between the applicant and the victim and only due to family pressure the instant report has been lodged. The applicant is in jail since 21.09.2024, and the trial is likely to take considerable time. Therefore, the applicant may be enlarged on bail.

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Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there is sufficient material against the present applicant. The victim was minor at the time of incident and she has supported the case of the prosecution; therefore, looking to the gravity of the offence, at this stage, the applicant may not be released on bail.

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The victim and her father appeared through V.C. from the concerned DLSA and recorded no objection to grant of bail to the applicant.

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I have heard learned Counsel appearing for the parties and perused the material available on record.

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Considering the facts and circumstances of the case and looking to the material available on record against the applicant and also looking to the age of the victim and gravity of the offence, at this stage, without commenting on the merits of the case, 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, considering the fact that the applicant is in jail since 21.09.2024 and only 5 witnesses out of 22 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as

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expeditiously as possible preferably within a period of 5 months from the receipt of the copy of this order.

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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

Leelaram Markam v. State of Chhattisgarh

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Leelaram Markam v. State of Chhattisgarh

Case brief

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