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2025 DAILYLAW 1200 (CHH)

RAJARAM SIDAR v. THE STATE OF CHHATTISGARH

MCRC/29/2025 · 2025-01-30

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:5533 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 29 of 2025 Rajaram Sidar S/o Jagram Aged About 21 Years R/o Village - Ameradih, Police Station - Malkharouda, District - Sakti (C.G.) (Father Name Of Applicant Is Wrongly Mentioned As Jagatram In The Annexure A-1). ... Applicant(s) versus The State Of Chhattisgarh Through- The Officer In Charge Of Police Station- Sarangarh, District- Sarangarh- Bilaigarh (C.G.).. --- Respondent For Applicant : Mr. Roop Naik, Advocate. For Respondent/State : Ms. Laxmin Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.552/2024, registered at Police Station - Sarangarh, District- Sarangarh- Bilaigarh (C.G.), for commission of offence punishable under Sections 376(2)(n), 315 of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that present applicant has committed forceful sexual intercourse with minor victim on the pretext of marriage, due to which, she become pregnant and on 08.07.2024, she delivered the dead child by taking medicine at Government Hospital. Based upon report, FIR was registered against the applicant and he has been arrested in the aforementioned crime/offence. 2 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no evidence/material available to connect this applicant in the aforementioned crime/offence. Victim examined before the trial Court and turned hostile. Applicant is in jail since 20.07.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 4. Learned counsel for the State opposes the bail application of the applicant. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her mother appeared before this Court by virtual mode from the concerned DLSA. She submits that she is no having objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, the fact victim in her evidence has not made any allegation against the present applicant and turned hostile, further considering that there is no evidence/material which shows that applicant has made any attempt to tamper with the prosecution witnesses, applicant is not having any previous antecedent, period of detention of applicant ie since 20.07.2024, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- 3 a) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.