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2025 DAILYLAW 10276 (CHH)

ABHAY DONGRE v. STATE OF CHHATTISGARH

MCRC/1698/2025 · 2025-03-21

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:13736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1698 of 2025 1 - Abhay Dongre S/o Suresh Dongre Aged About 19 Years R/o Kirarilal Chowk Madhwapara Ps Masturi District Bilaspur Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Of Police Station Koni District Bilaspur Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Hariom Rai, Advocate For Respondent/State : Shri K.K.Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/03/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 314/2024 registered at police station Koni, District Bilaspur (CG) for the offence punishable under Sections 137(2), 87, 65(1), 64(2)(m) of the BNS and Sections 3(a),4(2) 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.24 11:32:10 +0530 2 Prosecution case in brief is that on 20.08.2024, a written complaint was lodged by the complainant/father of the prosecutrix alleging that his daughter had gone to her work place and informed him that she has come to the house of one applicant and on getting the said information, he went to the house of the applicant. The applicant stated that he had performed marriage with his daughter in the temple. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix and the applicant were having love affair and she was a consenting party. He submits that as per the medical report, there was no external or internal injury found on the person of the prosecutrix. He further submits that the applicant is in jail since 20.08.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Victim and her mother were present in the Court and have raised objection for grant of bail. 6 Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that the prosecutrix and the applicant were having love affair and they performed marriage in the temple and the applicant is in jail since 20.08.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the 3 present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge