Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24503
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3534 of 2025 1 - Hasan Lahare S/o Ashok Lahare Aged About 21 Years (Wrongly Mentioned Lahre In Order ) R/o Bartunga Thana Dabhara District - Sakti (C.G.) Presently R/o Infront Of Fci Godam Gurughasidas Nagar Jutmil Raigarh District - Raigarh (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through Thana In Charge P.S. Jutmil District - Raigarh (C.G.)
... Respondent(s) For Applicant(s) : Shri Rajendra Tripathi, Advocate For Respondent/State : Shri Rishabh Bisen, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 16/06/2025 The applicant has filed this second application under Section483 of the BNSS for grant of regular bail as he is in custody in connection with Crime No. 39/2025 registered at police station Jute Mill Raigarh (CG) for the offence punishable under Sections 64(20(m). 65(1) of BNS and Section 6 of the POCSO Act.
2 The first bail application was dismissed as withdrawn with liberty to revive the same after filing of the charge sheet.
2. Prosecution case in brief is that report was lodged by the prosecutrix against the applicant alleging that she is aged about 14 years 2 months and 7 days and two years prior to lodging of the report, the applicant had committed sexual intercourse with her on the pretext of marriage from, the year 2023 to November 2024 and thereafter he denied to marry her. On the basis of the said report, the applicant was arrested.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the material witnesses have been examined. He submits that the prosecutrix has been examined and she has notsuported the case of prosecution. Lastly, he submits that the applicant is in jail since 26.01.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail.
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Learned counsel for the respondent/State, on the other hand, has opposed the bail application.
6. Mother of the victim appeared through the concerned DLSA and have raised objection.
7. Heard counsel for the parties and perused the record.
8. On due consideration of the rival submissions and the fact that the applicant is in jail since 26.01.2025, the charge sheet has been filed and looking to the fact that the material witnesses-prosecutrix has not
3 supported the case of prosecution and that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.
9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.06.18 11:17:53 +0530