Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32802
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4595 of 2025 Hareram Pando S/o Ramkeshwar Pando Aged About 23 Years R/o Village Jhara, P.S. Sanawal, District Balrampur-Ramanujganj (C.G.) … Applicant versus State of Chhattisgarh through Station House Officer Police Station Sanawal, District Balrampur-Ramanujganj (C.G.) ... Respondent For the applicant : Mr. Anuj Kumar Pandey, Advocate For the State : Mr. Karan Kumar Bahrani, Panel Lawyer
(Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 14.07.2025
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. 20/2024 registered at Police Station Sanawal, District Balrampur-Ramanujganj (CG) for the offences under Sections 363, 366, 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act, 2012.
2. The prosecution case is that the applicant and victim girl came to be acquainted with each other in the year 2019 and thereafter, in January, 2024 the applicant had taken away the minor girl from the lawful custody of her parents and on the pretext of marriage, frequently committed forcible A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.15 17:18:46 +0530
2 sexual intercourse thereby she became pregnant and when she insisted to marry her, he refused.
3.
Learned counsel for the applicant submits that there was love affairs between the prosecutrix and applicant and she had voluntarily accompanied the applicant and both have performed marriage. He further submits that the prosecution has not collected any cogent material to prove the age of victim below 18 years and there are inconsistencies in the documents regarding her age. It is also submitted that the prosecutrix, her father and brother have been examined and they have become hostile to the prosecution. He submits that the applicant is in jail since 14.04.2024, and till date out of 20 witnesses, only 4 have been examined and there is no immediate possibility of disposal of the case, therefore, looking to the long custody period of the applicant, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that the girl was minor at the time of incident and the applicant had taken away the girl on the pretext of marriage and committed forcible sexual intercourse, as a result of which, she became pregnant.
5. The victim girl along with her uncle has appeared through VC and recorded no-objection to bail.
6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, without observing anything on merits of the case, I am inclined to release the applicant on bail.
7. Accordingly, the bail application is allowed and the applicant is
directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao