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2025 DAILYLAW 3233 (CHH)

RANJEET MARKHAND v. STATE OF CHHATTISGARH

MCRC/331/2025 · 2025-02-21

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:9285 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 331 of 2025 • Ranjeet Markhand S/o Sudarshan Markhand Aged About 24 Years R/o Village Sarasmal Ward No. 2, Satnami Para, P.S. Jharsugada District Jharsugada, Odisa ... Applicant versus • State of Chhattisgarh Through Thana In-Charge, P.S. City Kotwali, District Raigarh, C.G. --- Respondent For Applicant : Mr. Rajendra Tripathi, Advocate For Respondent/State : Ms. Sunita Sahu, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/02/2025 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.523/2023, registered at PS - City Kotwali, District Raigarh, C.G, for commission of offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 6 of the POCSO Act. 2. Case of prosecution, in brief, is that father of the prosecutrix/victim lodged missing report to 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, based upon which, applicant was arrested in aforementioned crime. 2 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. Victim and her mother & father (PW-1,PW-2 & PW-3) have examined before the trial Court and have not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 14.09.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that there is specific allegation against the applicant of committing the aforesaid offence/crime with minor victim aged about 17 years, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Victim alongwith her guardian appeared before this Court by virtual mode from the concerned DLSA and not raised any objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the evidence of victim and her mother & father (PW-1,PW-2 & PW-3), 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 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 3 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.