Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9269
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 455 of 2025 1 - Khurshida W/o Maksud Khan Aged About 34 Years R/o Village- Karkali, P.S.- Kusmi, District- Balrampur-Ramanujganj (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S.- Kusmi, District- Balrampur- Ramanujganj (C.G.)
... Respondent(s) For Petitioner(s) : Shri Akath Kumar Yadav, Advocate For Respondent/State : Ms. Monika Thakur, PL (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 21/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as she is in custody in connection with Crime No. 111/2024 registered at police station Kusmi, Balrampur-Ramanujganj (CG) for the offence punishable under Sections 376(2)(n), 506/34 of IPC and Sections 4, 6 & 17 of the Protection of Children from Sexual Offences Act, 2012.
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2. Prosecution case in brief is that father of the prosecutrix has lodged a written report alleging that the co-accused Suhel Khan, who is the son of the applicant has committed sexual intercourse with her daughter on the pretext of marriage and she became pregnant.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was a delay of about 7 months in lodging the FIR and in the FIR there is no allegation nor in the written report, name of the applicant finds place against the applicant. He submits that the applicant is in jail since 27.11.2024, the charge sheet has been filed and the trial is likely to take some time, she is ready and willing to comply with any of the conditions which may be imposed upon her and thus, it is submitted that the application be allowed and the applicant be released on bail.
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Learned counsel for the respondent/State, on the other hand, has opposed the bail application.
6. Victim and her father were present before this Court and have raised objection.
7. Heard counsel for the parties and perused the record.
8. On due consideration of the rival submissions and the fact that there is no such allegation against the applicant, she is in jail since 27.11.2024; the charge sheet has been filed; the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, her bail application is allowed.
9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the
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(Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.28 10:47:35 +0530