Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20031
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2533 of 2025 1 - Bablu Bek S/o Prabhu Bek Aged About 19 Years R/o Chainpur, Police Station- Kusmi, District- Balrampur- Ramanujganj (C.G.)
... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Shankargarh, District- Balrampur- Ramanujganj (C.G.)
... Non-applicant(s) For Applicant(s) : Ms. Priyanka Rai, Advocate. For Non-applicant(s) : Ms. Laxmeen Kashyap, Panel Lawyer.
Hon’ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 01/05//2025
1. Pursuant to the order dated 01.04.2025 the mother of the victim appeared through virtual mode from DLSA, Balrampur and raised objection in granting bail to the applicant, her objection 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 17.06.2024 in connection with Crime No. 85/2024 registered at Police Station Shankargarh, District Balrampur- Ramanujganj (C.G.) for the offence under Sections 363, 366,
2 376(2)(n), 368, 34 of IPC and Section 6 of POCSO Act, 2012 (as per challan).
3. The case of the prosecution is that on 30.04.2024, the father of the victim lodged a missing report against the applicant that his minor daughter was being kidnapped by the applicant and took her with him. The police has registered the offence under Section 363 of IPC and started investigation. During the investigation the victim recovered on 16.06.2024 from the house of the applicant. He has been arrested on 17.06.2024 and after recording her statement the other offences of Section 363, 366, 376(2)(n), 368 and 34 of IPC and Section 6 of POCSO Act, have been added and charge-sheet have been filed.
4.
Learned counsel for the applicant would submit that the victim is major girl and there is no cogent and evidence with respect to her age she was in love affair with the applicant and eloped with him on her own will. She resided along withe applicant for a considerable period without raising any objection and engaged in making consensual physical relation. The applicant is in jail since 17.06.2024, 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 the age of the victim as well as their period of stay with the applicant and also the applicant is in jail since 17.06.2024 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 Bablu Bek 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/-
3 with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (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: 2025.05.02 20:10:16 +0530