RAKESHDAS MANIKPURI @ DAU v. STATE OF CHHATTISGARH
MCRC/1688/2025 · 2025-03-21
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10641 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10641 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13735
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1688 of 2025 1 - Rakeshdas Manikpuri @ Dau S/o Supkar Das Manikpuri Aged About 25 Years R/o Naharpara, Sarora, P.S. Urla, District- Raipur Chhattisgarh
... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Urla District- Raipur (C.G.)
... Respondent(s) For Petitioner(s) : Shri Bharat Lal Sahu, Advocate For Respondent/State : Shri Vivek Sharma, 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. 202/2022 registered at police station Urla, District Raipur (CG) for the offence punishable under Sections 363,366 and 376(2) (n) of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.24 11:32:05 +0530
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2. Case of the prosecution in brief is that on the date of incident, complainant lodged a missing report alleging that his daughter is found missing. During investigation, the police recovered the prosecutrix from the custody of the applicant and she has stated that the applicant developed physical relation with her on the pretext of marriage.
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 the prosecutrix went of her own with the applicant. He further submits that the applicant is in jail since 23.11.2024, 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.
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Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that as per the school admission and discharge register, the victim is aged about 14 years and one month.
5. Victim and her mother appeared through the concerned DLSA and she has 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