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2025 DAILYLAW 1067 (CHH)

RAJA @ CHHOTU GHOGHARE (wrongly mentioned as Chhote in Annexure A-1) v. STATE OF CHHATTISGARH

MCRC/235/2025 · 2025-01-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 2 2025:CGHC:4577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 235 of 2025 1 - Raja @ Chhotu Ghoghare (Wrongly Mentioned As Chhote In Annexure A- 1) S/o Vishal Ghorghare Aged About 26 Years R/o Ward No. 16, Nawapara, P.S. Gobra Nawapara, District Raipur Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Gobra Nawapara, District Raipur (C.G.) ... Respondent For Applicant : Mr. B.L. Sahu, Advocate For State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 06/06/2024 in connection with Crime No. 336/2024, registered at Police Station Gobra Nawapara for the offence punishable under Sections 137 (2), 87, 64, 351 (2) of Bhartiya Nyay Sanhita and Sections 4 & 6 of the POCSO Act. 2. The case of the prosecution in brief is that the complainant lodged a missing report in the police station concerned that the applicant enticed away the minor girl and committed sexual intercourse with her on the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.27 17:29:12 +0530 2 / 2 pretext of marriage, thereafter he refused to marry. On the basis of the report made, the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and on the basis of the forged story he has been implicated. He would lastly contend that the applicant is in jail since 06/08/2024 and the no objection given by the prosecutrix, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. Prosecutrix along with her parents appeared through video conferencing from DLSA Raipur and they stated that they have no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the respective parties and perused the documents and the case-diary. 7. Perusal of the documents would show that the prosecutrix is aged about 13 years and the allegations of rape have been fortified by the FSL report as the FSL report is positive. Therefore, considering the entire facts & circumstances of the case more particularly the age of the victim, I am not inclined to release the applicant on bail. 8. Accordingly, the Bail application is rejected. SD/- (Arvind Kumar Verma) JUDGE ashu