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2025 DAILYLAW 3001 (CHH)

VISHAL DEWAR v. STATE OF CHHATTISGARH

MCRC/661/2025 · 2025-02-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7397 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 661 of 2025 Vishal Dewar S/o Bedram Dewar, Aged About 23 Years R/o Ward No. 2, Sarangarh, Thana, Sarangarh, District Sarangarh Bilaigarh (C.G.). ... Applicant(s) versus State of Chhattisgarh Through - Police Station - Janjgir, District Janjgir Champa (C.G.).. --- Respondent For Applicant : Mr. Vikas Pandey, Advocate For Respondent/State : Ms. Prabha Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/02/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.829/2024, registered at PS - Janjgir, District Janjgir Champa (C.G.), for commission of offence punishable under Sections 137(2), 64, 142, 3(5) of BNS and Section 4, 6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that father of prosecutrix/victim lodged missing report before the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded under Section 161 of Cr.P.C in which she stated that co-accused has committed forceful sexual intercourse with her and present applicant has helped him in the alleged 2 crime/offence. Based upon her statement, applicant was arrested in aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There was love affair between co-accused and victim. Allegation against the present applicant is that he permitted co-accused and victim to stay in his house. There is no any other criminal antecedents against the applicant. Applicant is in jail since 05.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, prosecutrix/victim alongwith her guardian appeared before this Court. She submits that she is having no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that there was love affair between co- accused and victim, role of present applicant in the alleged crime/offence, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court 3 on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.