Bajrang Lohar vs State Of Chhattisgarh
2025 Latest Caselaw 2487 Chatt

Chattisgarh High Court

Bajrang Lohar vs State Of Chhattisgarh on 18 March, 2025

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                    HIGH COURT OF CHHATTISGARH AT BILASPUR

                                    CRA No. 1648 of 2022
            Bajrang Lohar S/o Janak Lohar Aged About 35 Years R/o Tikripara,
            Takhatpur, District : Bilaspur, Chhattisgarh.
                                                                    ... Appellant
                                             versus
            State of Chhattisgarh Through The Station House Officer, Police Sta-
            tion Nandghat, District : Bemetara, Chhattisgarh.
                                                                  ... Respondent

Order Sheet

18/03/2025 Heard Mr. Bharat Gulbani, learned Panel Lawyer,

appearing for the State/respondent on the second

application for suspension of sentence and grant of bail

(I.A. No. 02 of 2025).

The first application for suspension of sentence and

grant of bail (I.A. No. 01 of 2022) was rejected by the

coordinate Bench of this Court vide order dated

RAHUL 18.07.2023.

DEWANGAN

Digitally signed by None appears nor any representation is made on RAHUL DEWANGAN

behalf of the appellant to press this bail application when

the case is called out. None appears on behalf of the

Objector as well.

By the impugned judgment of conviction and order

of sentence dated 08.09.2022 passed in Sessions Trial

No. 26/2020, by the Court of learned Additional

Sessions Judge, FTSC (POCSO Act), Bemetara,

District- Bemetara, C.G, has convicted and sentenced

the appellant in the following manner:

Conviction Sentence Fine In default under (Rigorous of payment Section imprisonment) of fine add.

R.I.

Section 363 of the 04 years Rs. 500/- 02 months IPC

Section 376 (AB) 10 years Rs. 500/- 02 months read with Section 511 of the IPC

Section 354 (B) of 04 years Rs. 500/- 02 months the IPC

Section 450 of the 07 years Rs. 500/- 02 months IPC

Section 9 (m) of 07 years Rs. 500/- 02 months the Protection of Children from Sexual Offences Act, 2012

All the sentence have been directed to run concurrently.

Mr. Bharat Gulbani, learned Panel Lawyer,

appearing for the State and submits that the victim

along with her father, appeared before this Court and

made a statement that they have no objection to the

grant of bail to the appellant, as is evident from the

order dated 13.12.2022. Learned State counsel further

stated that in compliance of the Court's order dated

09.02.2023, a query was made by a coordinate Bench

of this Court to the Superintendent of Police, Bemetara,

to conduct an enquiry and submit a report regarding the

circumstances under which the no objection was filed by

the victim.

The report submitted by the Superintendent of

Police, goes to show that the victim, without any

influence or pressure, had stated that she has no

objection.

I have heard learned counsel for the State and

perused the bail application.

Considering the submissions advanced by the

learned counsel for the State, relying upon the judgment

passed by the Hon'ble Apex Court in the matter of Atul

Alias Ashutosh (Supra) and Nanhe Lal Verma

(Supra), also considering the evidence available on

record and the fact that the victim along with her father,

appeared before this Court and made a statement that

they have no objection to the grant of bail to the

appellant, as is evident from the order dated 13.12.2022

and further in compliance of the Court's order dated

09.02.2023, when a query was made by a coordinate

Bench of this Court to the Superintendent of Police,

Bemetara, to conduct an enquiry and submit a report

regarding the circumstances under which the no

objection was filed by the victim, the report submitted by

the Superintendent of Police, goes to show that the

victim, without any influence or pressure, stated that she

has no objection, as such relying upon the judgment

passed by the Hon'ble Apex Court in the matter of Tilku

Alia Tilak Singh (supra) and the fact that appellant is in

jail since 26.07.2020 and further hearing of this appeal

would take prolonged period of time and if the benefit of

bail is not granted to the appellant, the present appeal

would become infructuous, as such, this Court deems it

appropriate to allow the application for suspension of

sentence and grant of bail moved on behalf of the

appellant.

Accordingly, the substantive jail sentence awarded to

appellant- Bajrang Lohar by the learned trial Court is

hereby suspended. He shall be released on bail on his

executing bail bond with two sureties to the satisfaction of

the concerned trial Court for his appearance before the

Registry of this Court on 21.04.2025. He shall thereafter,

appear before the concerned trial Court on a date to be

given by the Registry of this Court and shall continue to

appear there on all such subsequent dates as are given

to him by the said Court, interval being not less than 06

months, till final disposal of this appeal.

Consequently, IA No. 02 of 2025 filed is allowed.

It is made clear that the observations made

hereinabove are only confined for disposal of aforesaid

IA filed in this appeal and it shall not be construed as an

expression of opinion of this Court on merits of the

matter.

List this matter for final hearing in due course.

Copy of this order be sent to the trial Court

concerned who shall communicate the same with the

appellant, or where he is confined in jail, forthwith.

Sd/-

(Ramesh Sinha) Chief Justice

Rahul Dewangan