Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30283
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4361 of 2025 Hakim Dewangan S/o Ghuran Ram Aged About 20 Years R/o Village Latori, Police Chowki Latori, Ps. Jainagar, District-Surajpur, C.G. ... Applicant versus State of Chhattisgarh Station House Officer, Police Chowki- Latori, Police Station- Jainagar, District- Surajpur C.G. ... Respondent For the petitioner : Mr. Sajal Gupta, Advocate For the State : Mr. Vivek Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) (Order on Board) 03.07.2025
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. 70/2025 registered at Police Station Police Chowki, Latyori, Police station Jainagar, District Surajpur (CG) for the offences under Sections 64(2)(3) of the BNS and Section 6 of the POCSO Act.
2. The prosecution story, in brief, is that the applicant has established physical relations with the victim girl on the pretext of A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.05 10:48:04 +0530
2 marriage and later having come to know that he was marrying some one else, she lodged a report against him.
3. Learned counsel for the applicant submits that the complainant was a consenting party and the applicant has been falsely implicated. He further submits that as per the prosecution case itself, the complainant is aged about 17 years and 8 months and her correct age has not been proved. He submits that the applicant is in jail since 05.03.2025 and the trial has not yet commenced, therefore, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that the the victim was minor at the time of incident and her statement recorded under Section 183 shows that the applicant has established physical relations with her on the assurance of marriage and when she insisted to marry her, he refused.
5. The victim girl along with her mother has appeared through VC from concerned DLSA and raised objection to bail.
6. Having considered the submissions made by learned counsel for the parties and the fact that the trial has not yet 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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