Abhishek Kumar Gupta vs State Of Chhattisgarh
2025 Latest Caselaw 1873 Chatt

Chattisgarh High Court

Abhishek Kumar Gupta vs State Of Chhattisgarh on 12 February, 2025

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                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 Cr. A. No. 1407 of 2024

                   Abhishek Kumar Gupta versus State of Chhattisgarh




12.02.2025        Mr. Raza Sharma, Advocate for the Appellant.

                  Ms. Laxmin Kashyap, PL for the respondent-State.

Heard on I.A. No.1, application for suspension of sentence and

grant of bail to the appellant, during pendency of this appeal.

By the impugned judgment Annexure A-1, appellant stands

convicted under Sections 354A (1), 354D(1) of the IPC; Section 10 of

the POCSO Act and sentenced him to undergo RI for 07 years with fine

of Rs.1,00,000/-.

Learned counsel for the appellant submits that appellant has

been falsely implicated in this case, he has not committed any offence

as alleged against him. Trial Court convicted the appellant without

there being any sufficient evidence/material available on record. There

is material contradictions and omissions in the statements of victim and

other prosecution witnesses. During trial, appellant was on bail and he

never misused liberty granted to him earlier. Appeal may take time for

final hearing, hence, looking to the detention period of appellant ie

more than 01 years, sentence awarded to him be suspended and he

may be enlarged on bail.

Learned State Counsel opposing submission of counsel for

appellant, would submit that applicant/accused is a teacher and victim

is his student aged about 11 years and 07 months. Applicant has tried

to outrage the modesty of her student during school time. Looking to

the nature of offence and age of victim, appellant is not entitled for

grant of bail.

Heard counsel for the respective parties, perused statements of

witnesses and other materials available on record.

Pursuant to order of this Court, victim was appeared before this

Court and raised objection in granting bail to the appellant.

Considering facts of the case, submissions of counsel for the

respective parties, statement of victim/prosecutrix, other

evidence/material available on record, nature of offence and age of

victim, I am not inclined to allow the suspension application.

Accordingly, I.A. No.1 is hereby rejected.

List this case for final hearing.

Sd/-

(Arvind Kumar Verma) Judge J/-