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2025 DAILYLAW 30396 (CHH)

PURSHOTTAM DHRUW ALIAS BABBAN v. STATE OF CHHATTISGARH

MCRC/5093/2025 · 2025-07-15

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:33392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5093 of 2025 Purshottam Dhruw Alias Babban S/o Firanta Dhruw Aged About 21 Years R/o Gram Chunchuniya, Police Station Sargaon, District Mungeli (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Station Head Police Station Chura, District Gariyaband (Chhattisgarh) ... Respondent For Applicant : Mr. Anand Shukla, Advocate For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16.07.2025 1. The victim along with her mother appeared before this Court today through virtual mode from DLSA, Gariyaband and expressed their no-objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.217/2024 Digitally signed by BHOLA NATH KHATAI Date: 2025.07.17 14:22:59 +0530 2 registered at Police Station Chura, District Gariyaband (CG) for the offence punishable under Sections 137(2), 87, 64 of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 14.12.2024. 4. Learned counsel appearing for the applicant submits that the victim, her mother and uncle have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her mother have also given their no- objection in granting bail to the applicant. He further submits that out of total 25 witness, only 6 witnesses including the victim, her mother and uncle have been examined till date, the applicant is in jail since 14.12.2024 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the entire facts and circumstances of the case, particularly the facts that the victim, her mother and uncle have turned hostile, the victim and her mother have also given their no-objection in granting bail to the applicant and also considering the fact that there are total 25 witnesses, out of which only 6 witnesses including the victim, her mother and uncle have been examined so far, the applicant is in jail since 14.12.2024 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE