Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15334
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2014 of 2025 1 - Manish Mahilange S/o Ramprasad Mahilange Aged About 23 Years R/o Kumharkhan, Police Station Bhatapara Gramin, District Balodabazar-Bhatapara, Chhattisgarh.
... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Bhatapara Gramin, District Balodabazar-Bhatapara, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Shri Sanjay Kumar Yadav, Advocate For Respondent/State : Ms. suita Sahu, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 01/04/2025 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. 329/2024 registered at police station Baloda Bazar, Bhatapara Gramin, District Baloda Bazar- Bhatapara (CG) for the offence punishable under Sections 137(2), 87 and 64(1) of BNS and Section 4 & 6 of the Protection of Children from
2 Sexual Offences Act, 2012.
2. Case of the prosecution in brief is that report was lodged by the father of the prosecutrix alleging that his daughter is missing from her lawful guardianship and she had apprehension that her daughter has been abducted. It is alleged that the applicant took the prosecutrix along with him and developed intimacy with her.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was having love affair with the applicant. He further submits that the prosecutrix went along with the applicant of her own will. He submits that the applicant is in jail since 12.07.2024, 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.
5.
Learned counsel for the respondent/State, on the other hand, has opposed the bail application.
6. Notice was issued to the victim as well as father of the victim but none appeared therefore Ms. Durga Mehar, Advocate present in the Court is appointed as Amicus Curae on her behalf.
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 12.07.2024, the charge sheet has been filed and looking to the fact that applicant and the prosecutrix werehaving love affair and that the final disposal of the trial is likely to take
3 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: 2025.04.03 15:50:27 +0530