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2025 DAILYLAW 17293 (CHH)

SANTOSH KASHYAP v. STATE OF CHHATTISGARH

MCRC/2830/2025 · 2025-05-08

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:21816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2830 of 2025 Santosh Kashyap S/o Ramu Kashyap Aged About 25 Years Resident Of Village Lathipara, Kikirpal, P.S. Pushpal, Tahsil Chhindgarh, District Sukma Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pushpal, District Sukma Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate For Respondent/State : Mrs. Prabha Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09/05/2025 1. Pursuant to the order dated 11.04.2025, the victim appeared through virtual mode from DLSA, South Bastar, Dantewada and raised objection in granting bail to the applicant. Her objection is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.10 17:26:24 +0530 2 bail. The applicant has been arrested in connection with Crime No. 06 of 2025, registered at Police Station Pushpal, District Sukma (C.G.) for the offence under Sections 376(2)(n) of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of the prosecution, in brief, is that on 03.03.2025, the victim lodged a report that she was sexually exploited by the applicant since 05.11.2021 to 12.01.2025 and when she came to know that the applicant is going to marry with someone else, she lodged the report. The FIR has been registered against the applicant, in which he has been arrested on 04.03.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim was a major girl on the date of incident and she was having love affair with the applicant. Their relation was continued for about 5 years and it is only when she suspected that the applicant is going to marry with someone else, she lodged the report, whereas the applicant still wants to marry with her. The applicant is in jail since 04.03.2025, 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. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of the allegations and the material collected 3 during the investigation, further considering the age of the victim and her 183 BNSS statement and also considering the long relation between them, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. 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:- (i) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved