Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31352
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4424 of 2025 1 - Ajay Khunte S/o Laxminarayan Khunte Aged About 26 Years R/o Bhoyna, P.S. Arjuni, District Dhamtari (C.G.) ... Applicant versus 1 - State of Chhattisgarh through- Station House Officer, Police Station Keregaon, District Dhamtari (C.G.) ... Respondent For the applicant : Mr. Prasoon Agrawal, Advocate For the Respondent : Mr. Karan Kumar Bahrani, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 08.07.2025
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.12/2025 registered at Police Station Keregaon, District Dhamtari (CG) for the offences under Sections 137(2), 87, 64(2)(da) of BNS and section 6 of the POCSO Act, 2012.
2. The prosecution case is that a written report was made by the father of girl on 04.05.2025 that his daughter was found missing since 01.05.2025 thereafter on 12.05.2025 she was recovered from the possession of applicant and on inquiry she has revealed that the applicant had enticed her away from the lawful custody of her parents and committed A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.09 17:25:49 +0530
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3.
Learned counsel for the applicant submits that the age of prosecutrix has not been proved and she had voluntarily accompanied the applicant, therefore, she was consenting party. He submits that the applicant is in jail since 12.05.2025 and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the girl was minor, the applicant had taken her away and forcibly committed sexual intercourse and in her police statement the girl has supported the prosecution case. He further submits that the MLC report shows that the girl was put to medical examination wherein it was found that she was carrying pregnancy of 14 weeks.
5. The victim girl along with her mother appeared through VC and has not objected to bail.
6. Having considered the submissions made by learned counsel for the parties and the fact that the trial has not commenced, I am not inclined to release him on regular bail at this stage. Accordingly, the bail application is rejected.
Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao
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