Bindeshwar @ Bigu vs State Of Chhattisgarh
2025 Latest Caselaw 3606 Chatt

Chattisgarh High Court

Bindeshwar @ Bigu vs State Of Chhattisgarh on 9 April, 2025

                                                            1




                                                                                      NAFR

                            HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                   CRA No. 504 of 2025

                   1 - Bindeshwar @ Bigu S/o Munna Nagesia, Aged About 21 Years, R/o Village
                   Sarganwa, Patel Para, Police Station - Pasta, District - Balrampur-Ramanujganj
                   Chhattisgarh
                                                                                      ... Appellant
                                                         versus
                   1 - State of Chhattisgarh, Through Police Station - Pasta, District - Balrampur-
                   Ramanujganj Chhattisgarh
                                                                                     ... Respondent

09-04-2025 Mr. Navneet Kumar Yadav, Advocate for the appellant.

Mr. Neeraj Sharma, Deputy Advocate General for the State.

Pursuant to the order dated 22-03-2025, mother of the victim appeared through virtual mode from DLSA, Balrampur and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record.

Heard on I.A. No.01/2025 which is an application under Section 430 of BNSS, 2023 for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the

judgment of conviction and order of sentence dated 23-08-2024 passed in S.T. (POCSO) Case No.98/2023 by the Additional Session Judge Fast Track Special Court (POCSO Act), Ramanujganj, District Balrampur-Ramanujganj (C.G.) in the following manner with a direction to run all the jail sentences concurrently :-

 Conviction                Sentence
 U/s 342 of the IPC        R.I. for 6 months,

 U/s 354 of the IPC        R.I. for 3 years and fine of Rs.500/-,
                           in default of payment of fine further
                           imprisonment for 1 month,

U/s 10 of Protection of R.I. for 5 years and fine of Rs.2000/-, Children from Sexual in default of payment of fine further Offences Act, 2012 (in imprisonment for 1 month, short 'POCSO Act')

Learned counsel for the appellant would submit that there is material omissions and contradictions in the evidence of prosecution witnesses. Due to personal dispute he has been falsely implicated in the offence. Total sentence of 5 years has been awarded to the appellant, out of which he has already undergone 2 years of his jail sentence and final adjudication of the appeal will take its own time, therefore, the appellant may be released on bail.

On the other hand, learned counsel for the State opposes and has submitted that from the evidence of the victim (PW-1) the guilt of the appellant has duly been proved and she is strongly firm in his evidence that the appellant has committed the offence with her. He would also submit that looking to the nature and gravity of the offence and the evidence of the case in record, the appellant is not entitled for bail.

Considering the submissions made by learned counsel for the parties, considering the nature of allegation as well as evidence of the victim (PW-1) and also other supporting evidence of her mother (PW-2), nature and gravity of the offence, I am not inclined to release the appellant on bail. Accordingly, I.A. No.01/2025 filed by the appellant for suspension of sentence and grant of bail is rejected.

List this case for final hearing after eight weeks.

Sd/-

(Ravindra Kumar Agrawal) Judge

Aadil