Chattisgarh High Court
Anil Kumar Kashyap @ Golu vs State Of Chhattisgarh on 10 June, 2025
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
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2025:CGHC:22885
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3673 of 2025
1 - Anil Kumar Kashyap @ Golu S/o Shri Narayan Aged About 24 Years R/o
Near Maharshi School, Sharma Gali, Naya Para, Aadawaal, P.S. Bodhghat,
Jagdalpur, District Bastar Chhattisgarh
--- Applicant
versus
1 - State Of Chhattisgarh Through S.H.O., P.S. Bodhghat, District Bastar,
Chhattisgarh
---- Respondent
For Applicant : Mr. Vikash A. Shrivastava, Advocate
For Respondent/State : Mr. Keshav Prasad Gupta, Govt. Advocate
Hon’ble Shri Justice Parth Prateem Sahu
Order On Board
10/06/2025
1. Applicant has filed this second bail application under Section 483 of
the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as
BALRAM
PRASAD he has been arrested in connection with Crime No.136/2023,
DEWANGAN
Digitally signed
by BALRAM
PRASAD
registered at Police Station – Bodhghat, District – Bastar (C.G.) for
DEWANGAN
offence punishable under Section 363, 366, 376(D), 376 (2) (n) of
Indian Penal Code and Section 6 of POCSO Act. The first bail
application of the applicant was dismissed as withdrawn vide order
dated 29.11.2023 in M.Cr.C. No.6825 of 2023.
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2. Case of the prosecution, in brief, is that father of victim lodged report in
the concerned police station alleging that applicant abducted his
daughter and developed physical relation with her. After sometime,
victim returned back to her house and thereafter, her statement under
Section 161 and 164 of Cr.P.C. was recorded and applicant was
arrested on 23.07.2023.
3. Learned counsel for applicant submits that applicant has been falsely
implicated in this case. He has not committed any offence as alleged.
It is contended that during the course of trial, victim has now been
examined and from the evidence of the victim it is appearing that
victim on her own will accompanied the applicant and developed
relationship with applicant. Hence, no offence as alleged against the
applicant is made out. He submits that as the victim has already been
examined before the trial Court, there is no apprehension of
influencing the material witnesses. Applicant is in jail since 23.07.2023.
Hence, he may be enlarged on bail.
4. Learned counsel for State opposes the submission of learned counsel
for applicant and would submit that there is specific allegation against
the applicant in the statement of the victim recorded under Section 161
of Cr.P.C., he however, submits that in the statement recorded under
Section 164 of Cr.P.C. the victim has not made any allegation as
alleged in the statement under Section 161 of Cr.P.C.
5. Pursuant to the notice issued by this Court, parents of the victim
appeared before this Court through virtual mode from DLSA,
Jagdalpur and raised strong objection in grant of bail to the applicant.
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6. I have heard learned counsel for the parties and perused the case
diary.
7. Taking into consideration the facts and circumstances of the case,
nature of allegation, submission of learned counsel for respective
parties as also the documents annexed along with the bail application
and the pretrial detention of applicant, without commenting anything
on the merits of the case, I am inclined to allow this bail application.
8. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail on his furnishing a personal
bail bond in the sum of Rs.25,000/- with one surety in the like sum to
the satisfaction of the Court on the following conditions :-
(i) The applicant shall file an undertaking to the effect that
she shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in court. In case of
default of this condition, it shall be open for the trial court to treat
it as abuse of liberty of bail and pass orders in accordance with
law.
(ii) The applicant shall remain present before the trial court
on each date fixed, either personally or through his counsel. In
case of her absence, without sufficient cause, the trial court may
proceed against him under Section 229-A of the Indian Penal
Code.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure his presence, proclamation under
Section 82 Cr.P.C. is issued and the applicant fails to appear
4before the court on the date fixed in such proclamation, then,
the trial court shall initiate proceedings against him, in
accordance with law, under Section 174-A of the Indian Penal
Code.
(iv) The applicant shall remain present, in person, before the
trial court on the dates fixed for (i) opening of the case, (ii)
framing of charge and (iii) recording of statement under Section
313 Cr.P.C. If in the opinion of the trial court absence of the
applicant is deliberate or without sufficient cause, then it shall be
open for the trial court to treat such default as abuse of liberty of
bail and proceed against him in accordance with law.
9. However, this Court hope and trust that the trial Court shall make an
earnest endeavour to conclude the trial within a period of six months
from the date of receipt of a certified copy of this order, if there is no
legal impediment.
10. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Judge
Balram