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2025 DAILYLAW 14844 (CHH)

DINESH MANHARE v. STATE OF CHHATTISGARH

MCRC/2579/2025 · 2025-05-02

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:20252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2579 of 2025 1 - Dinesh Manhare S/o Shri Ashok Manhare Aged About 19 Years R/o Datan P, Teh. Palari Distt. Balodabazar-Bhatapara (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through P.S. Gunderdehi Distt. Balod (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Non-applicant(s) : Mr. Vivek Sharma, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 02/05/2025 1. Pursuant to the order dated 02.04.2025 the victim along with her father appeared through virtual mode from DLSA, Balod and submitted that they have no objection in granting bail to the applicant, their submission is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 24.01.2025 in connection with Crime No. 288/2024 registered at Police Station Gunderdehi,, District Balod (C.G.) for the offence under Sections 137(2), 64(2)(m) of BNS & Section 4 & 6 of POCSO Act, 2012. 2 3. The case of the prosecution is that on 14.11.2024 the father of the victim lodged a missing report that his minor daughter is missing since 13.11.2024. The police has registered the offence under Section 137(2) of BNS, 2023 and started investigation. During the investigation the victim was recovered on 23.01.2025 from Urda, Maharashtra from the possession of the applicant. After her statement the other offence of Section 64(2)(m) of BNS and Section 4 & 6 of POCSO Act have been added. The applicant has been arrested on 24.01.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the there is no legally admissible evidence with respect to the age of the victim. The victim herself insisted the applicant to elope with her and she on her own will had gone with the applicant and refused to return back to her house. The victim has not made any complaint to anyone that the applicant has committed any forceful act with her. The applicant is in jail since 24.01.2025, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering that her 183 B.N.S statement and the evidence available in the charge-sheet with respect to her age, without commenting anything on merits, the applicant is in jail since 24.01.2025 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Dinesh Manhare for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- 3 (i) The 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. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.05 19:49:06 +0530