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2025 DAILYLAW 3120 (CHH)

PRAMOD SAHU v. STATE OF CHHATTISGARH

MCRC/518/2025 · 2025-02-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 518 of 2025 1 - Pramod Sahu S/o Late Sewakram Sahu Aged About 18 Years R/o Village Kukurdi, P.S. City Kotwali, Baloda Bazar, District : Balodabazar- Bhathapara, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- City Kotwali Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Adil Minhaj, Advocate For Respondent(s) : Shri G.L. Uikey, Pl (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 749/2024 registered at police station City Kotwali, Baloda Bazar, District Baloda Bazar-Bhatapara(CG) for the offence punishable under Sections 64,351(2) of BNS and Section 4 & 6 of the Protection of Children from Sexual Offences Act, SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.13 12:04:39 +0530 2 2012. 2. Prosecution case in brief is that report was lodged by the prosecutrix alleging that she resides with her grandmother at village Tonatar and about two and half years ago, she me the applicant and developed physical relations with him on the pretext of marriage and thereafter he denied to marry her. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was aged about 16 years and she was having love affair with the applicant. He submits that the prosecutrix had visited to several places and had resided at Delhi where she developed physical relations with him. He further submits that the applicant is in jail since 26.10.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that as per the radiologist, the prosecutrix was 14-16 years at the time of incident. 6. Victim appeared through the concerned DLSA and have raised no objection. 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 26.10.2024, the charge sheet has been filed and looking to the fact that they were having love affair and that the final 3 disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his 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 concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge suguna 4