Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12927
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1617 of 2025 1 - Sameer Khan Mohmmad Iftakhar Khan, Aged About 22 Years R/o Magarpara, Marimai, Khamoshganj, Police Station - Civil Line, District - Bilaspur (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Ratanpur, District - Bilaspur (C.G.)
... Respondent(s) For Petitioner(s) : Shri Dharmesh Shrivastava, Advocate For Respondent/State : Ms. Sunita Manikpuri, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 18/03/2025 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. 04/2025 registered at police station Ratanpur, District Bilaspur (CG) for the offence punishable under Sections 64(2)(m) of BNS and Section 5(l) & 6 of the Protection of Children from Sexual Offences Act, 2012.
2. Case of the prosecution in brief is that on 01.01.2025, report was
2 lodged by the victim, a minor girl alleging that she was working as a makeup artist and had been acquainted with the applicant since last many years and became friends. It is alleged that as they both belong to the same caste the applicant assured her that he would marry her and on 18.11.2024, the applicant took her to Ratanpur in a car and committed sexual intercourse with her and thereafter took her to hotel and committed sexual intercourse. Thereafter he deleted all the messages and photographs on 21.12.2024 and when she objected, he beat her.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was major and having love affair with the applicant. He further submits that the prosecutrix went along with the applicant of her own and that there was delay in lodging the report. He submits that the applicant is in jail since 4.11.2024, 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.
6. Victim and her mother were present in the court and they have raised no objection.
7. Heard counsel for the parties and perused the record.
8. On due consideration of the rival submissions and the fact that the applicant is in jail since 02.01.2025, the charge sheet has been filed and looking to the fact that the prosecutrix and her mother have no
3 objection if the applicant is granted bail and that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.
9. 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 shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He 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
SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.19 15:37:34 +0530