Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:22735
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2675 of 2025 1 - Balram Kumar Sao S/o Heeralal Sao Aged About 21 Years R/o Village Singpur, Near House Of Hemlal Sahu, Giridih, Jharkhand At Present Resident Of Near Chandani Chowk House Of Mistri Ien P.S. Kotwali, District Sarguja, Chhattisgarh.
... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur, District Sarguja, Chhattisgarh.
... Respondent For Applicant : Ms. Sangeeta Soni, Advocate For Respondent : Mr. Keshav Prasad Gupta, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 09/06/2025
1. This is the second bail application. The first bail application was dismissed on merits vide order dated 28.02.2024 in M.Cr.C. No. 687/2024.
2. This bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 518/2023 registered at Police Station – Ambikapur, District – Sarguja, Chhattisgarh for the offences punishable under Sections 363, 366, 376 (2) (n), 34 of the Indian Penal Code, 1860 and under Section 5 (l)/6 of the Protection of Children from Sexual Offences Act, 2012. SHUBHAM DEY Digitally signed by SHUBHAM DEY
2
3. Case of prosecution is that, father of the victim lodged missing report in the concerned police station stating that his daughter is found missing from the house. Based upon which, initially, the F.I.R. was registered for the offence under Section 363 of the IPC. During the course of investigation, victim was recovered from Dhanbad from the possession of the applicant on 21.08.2023, statement of victim was recorded and thereafter, the other offences were also added. Applicant was arrested on
22.08.2023.
4.
Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. She submits that the victim has not supported the case of prosecution. Applicant is in jail since 22.08.2023, hence, he may be enlarged on bail.
5. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that there are specific allegations against the applicant of alluring the minor child aged about less than 15 years for marriage and thereafter, committing forceful sexual intercourse with her. The victim also stood to the allegations in her evidence recorded before the learned Trial Court.
6. Pursuant to the notice issued by this Court, victim along with her mother appeared before this Court through virtual mode from D.L.S.A. Ambikapur, District – Sarguja and they submit that they are having no objection in grant of bail to the applicant.
7. I have heard learned counsel for the respective parties.
8. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, documents enclosed along with the bail application, I do not find present to be a fit case to allow the application for grant of bail.
3
9. Accordingly, the application for grant of bail is dismissed. However, considering the submission of the counsel for the applicant that the applicant is in jail since 22.08.2023, learned Trial Court is directed to expedite the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey