Chattisgarh High Court
Deva Nishad vs State Of Chhattisgarh on 24 June, 2025
1
Digitally signed by
SHUBHAM SINGH
RAGHUVANSHI
Date: 2025.06.24
16:54:48 +0530
2025:CGHC:27289
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3999 of 2025
Deva Nishad S/o Rajendra Nishad Aged About 20 Years R/o Village Kothar
Tikripara, Police Station Pipariya , District - Kabirdham (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Pipariya,
District - Kabirdham (C.G.)
... Respondent
For Applicant : Mr. Dharmesh Shrivastava, Adv.
For Respondent : Mr. Karan Kumar Bahrani, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board
24/06/2025
1. The victim along with her mother appeared through virtual mode from
concerned DLSA before this Court today and recorded 'no objection' in
granting bail to the applicant.
2. The applicant has preferred this 1st 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. 398/2024, registered at
Police Station - Pipariya, District- Kabirdham (C.G.) for offence
punishable under Sections 137(2), 87, 64 (2)(m), 64 (2)(h) of BNS and
U/s 4, 6 of the POCSO Act.
3. The prosecution story, in short, is that on 04.12.2024, the father of the
victim lodged a report at Police Station Pipariya stating that on the night
of 01.12.2024, at around 10:00 PM, they all had dinner and went to
sleep. He was sleeping in the room in front of the hut at the brick kiln,
while his wife and children were sleeping inside the room. When he
woke up in the morning, he found that his daughter Kumari Sita Nishad
was not on her cot; she had gone somewhere without informing
anyone. It is alleged that some unknown person, knowing that the
victim was a minor, lured and took her away. Based on the
complainant's report, a First Information Report was registered at
Police Station Pipariya against an unknown accused for an offence
punishable under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023.
During course of investigation, on 06.05.2025, the victim was
recovered from the possession of the applicant/accused and her
statement was recorded. On the basis of her statement, the other
offences were added against the applicant.
4. 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 the victim was performed marriage with the applicant and
she is 5 months pregnant. He further submits that at the time of
incident, the victim was aged about 17 years 8 months and as per the
judgment passed by Hon'ble the Supreme Court in the matter of Tilku
alias Tilak Singh Vs. State of Uttarakhand reported in 2025 SCC
OnLine SC 353, it has been held that 16-18 years of age was very
much in the age of understanding as to what was right and wrong for
the victim. He lastly submits that the applicant is in jail since
07.05.2025 and the trial is likely to some time to be finalized, therefore,
it is prayed that the applicant may be enlarged on bail.
5. Per contra, learned Counsel appearing on behalf of the State opposes
the bail application and submits that at the time of incident, the victim
was minor, therefore, looking to the nature of offence, the applicant
may not be released on bail.
6. I have heard learned Counsel appearing for the parties and perused
the material available on record.
7. Considering the facts and circumstances of the case, evidence
collected by the prosecution against the applicant, nature of offence
and further considering that the charge-sheet has not been filed till
date, at this stage, without further commenting on merits of the case, I
am not inclined to release the applicant on bail.
8. Accordingly, the bail application is Rejected.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Shubham
