Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22956
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2895 of 2025 1 - Deepak Kewat S/o Shyamlal Kewat Aged About 21 Years R/o Village Devarhat P.S. Lalpur District - Mungeli (C.G.) … Appellant versus 1 - State of Chhattisgarh through P.S. Jarhagaon District - Mungeli (C.G.)
... Respondent For the applicant : Mr. Vijay Shankar Mishra, Advocate For Respondent(s) : Mr. Laxmin Kashyap, Panel layer. (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 10/06/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.199/2024 registered at Police Station Jarhagaon District Mungeli for the offences under Sections 137(2), 64(1) of BNS Act, 2023 and Sections 4 & 6 of the POCSO Act. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO
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2. The prosecution alleges that the applicant has allured and taken away the minor girl from the lawful custody of her parents and committed forcible sexual intercourse with her on the pretext of marriage, thereby the offence has been committed.
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Learned counsel for the applicant submits that no ossification test was conducted to prove the age of prosecutrix. and the prosecutrix has voluntarily accompanied the applicant. He further submits that in the statement recorded under section 164 CrPC, the fact has emerged that the applicant and the prosecutrix were in love affairs, therefore, no offence is made out against the applicant. He submits that the applicant is in jail since 28.11.2024 and the charge sheet has been filed, therefore, he may be enlarged on bail.
4. Per contra, learned Counsel State Counsel opposes the bail application and submits that the applicant has allured the girl and after kidnapping her, committed forcible sexual intercourse and eventually the girl was recovered from the State of Punjab. He further submits that the victim girl has not yet been examined.
5. The father of the victim has appeared through VC and objected to grant of bail to the applicant.
6. Having considered the submissions made by the learned counsel for the parties and further considering the facts situation of the case, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao