Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27019
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4312 of 2025 Altamas Khan Ansari S/o Sadare Alam Ansari Aged About 30 Years Resident Of Village Noorkhanpur, Sant Ravi Das Nagar, Police Station Bhadori, District Bhadori (U.P.)
… Applicant versus State of Chhattisgarh through the Station House Officer, Police of Police Station Akaltara, District Jangir - Champa, (Chhattisgarh) ... Respondent For the applicant : Mr. Byas Narayan Sahu, Advocate. For the State : Mr. Karan Kumar Bahrani, Panel Lawyer
(Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 23/06/2025
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. 181/2025 registered at Police Station Akaltara, District Janjgir Champa, Chhattisgarh for the offences under Sections 376(2) of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act.
2. The prosecution story is that in the year 2022, the applicant has enticed away the minor girl from the lawful custody of her parents and subjected her A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.25 14:17:23 +0530
2 to forcible sexual intercourse till 2025 on the pretext of marriage, reluctantly the victim girl gave birth to a child.
3.
Learned counsel for the applicant submits that the age of the girl has not been proved and she has voluntarily accompanied the applicant. He submits that the victim and applicant performed marriage in the year 2022 and both were residing together as husband and wife, but due to pressure of villagers, the prosecutrix was constrained to make a complaint. He further submits that the charge sheet has not been filed, the applicant is in jail since 15.05.2025 and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail, at this stage.
4. Per contra, learned State Counsel opposes the bail application and submits that the victim girl was minor and on 05.02.2022 the applicant forcibly took away the girl from the lawful custody of her parents and was committing rape with her till 2025 on false pretext, as a result of which, a child was born to the victim girl.
5. The victim girl along with her brother is present in person and they have not raised any objection in granting bail to the applicant.
6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case and looking to the fact that the charge sheet has not been filed, this Court does not feel appropriate to grant bail to the applicant, at this stage. Accordingly, the bail application is rejected. Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao