Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27299
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4049 of 2025 1 - Saroj Aliyas Chouhan S/o Satosh Chouhan Aged About 20 Years R/o Village Bade Khaira P.S. And Teh. Sarangarh District Sarangarh Bilaigarh (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S., Sariya District Sarangarh Bilaigarh (C.G.). ... Respondent For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For State/Respondent : Ms. Vaishali Mahilong, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 24 / 06 /202
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1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 42/2025 registered at Police Station Sariya, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 65(1), 64(2-M) of B.N.S. and Section 3/4(2), 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012. Digitally signed by HEERA LAL SAHU Date: 2025.06.24 17:00:14 +0530
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2. As per the prosecution’s case, it is alleged that from 09.03.2025 to 12.03.2025, on the pretext of marriage, the applicant committed sexual intercourse with a minor girl who was aged about 14 years at the time of the incident. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case, and has no connection with the offences charged against him. It is further contended that the victim has turned hostile in her Court statement and does not support the case of the prosecution. In the medical examination of the victim, no internal or external injuries were found. He next submits that the charge sheet has been filed and the applicant is in jail since 22.03.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submits that the applicant did a heinous crime with a minor girl who was 14 years of age at the time of incident, FSL report is awaited, therefore, at this stage, he may not be enlarged on bail. 5.
Today, the victim along with her father, appeared through video conferencing from the concerned DLSA and raised no objection to grant bail to the applicant. 3
6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that the applicant is in custody since 22.03.2025, only the victim has been examined out of 26 witnesses, the victim has turned hostile and further considering the fact that the victim and her father has no objection to grant bail to the applicant, and the trial is likely to take considerable time, therefore, at this stage, I am inclined to release the applicant on bail. 8. Accordingly, the application is allowed and 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 trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Sanjay Kumar Jaiswal)
Judge H.L. Sahu