Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5534
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 158
of 2025
• Mohan Lal Sahu S/o Nand Lal Sahu Aged About 23 Years Resident Of Matiya, P.S.- Gidhauri, District- Balodabazar-Bhatapara(C.G.)
... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Kasdol, District-Balodabazar-Bhatapara(C.G.)
. --- Respondent For Applicant
: Ms. Ritika Verma, Advocate. For Respondent/State : Ms. Prabha Sharma, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 30/01/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.590/2024, registered at Police Station - Kasdol, District -Balodabazar-Bhatapara (C.G.), for commission of offence punishable under Sections 376 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act.
2. Case of the prosecution, in brief, is that on the pretext of marriage present applicant has established physical relationship with minor victim on many occasion and, thereafter, refused to marry. Based upon report, FIR was registered against the applicant and he has been arrested in the aforementioned crime/offence.
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3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no evidence/material available to connect this applicant in the aforementioned crime/offence. There is delay in lodging of FIR, which has not been explained properly by the prosecution. Applicant is in jail since 14.12.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail.
4. Learned counsel for the State opposes the bail application of the applicant.
5. Heard learned counsel for the parties.
6. Pursuant to order of this Court, victim alongwith her mother appeared before this Court. She submits that she is having objection in granting bail to applicant. Her submission is recorded.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, age of victim ie 15 years 04 months as per submission of State Counsel, further considering the medical report of victim and objection raised by her, I am not inclined to allow this bail application.
8. Accordingly, bail application is rejected. However, trial Court concerned is
directed to expedite the trial, as early as possible, if there is no legal impediment. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.