REHMAN @ RAHMAN CHANDRA BABU MANDAVI v. STATE OF CHHATTISGARH
MCRC/6038/2024 · 2025-01-02
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34667 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34667 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:81
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6038 of 2024 1 - Rehman @ Rahman Chandra Babu Mandavi S/o. Chand Babu Aged About 22 Years R/o. Lodhitola (Sawari), Tahsil And District - Gondiya (Maharashtra) (Detail Of The Applicant Has Not Mentioned In Annexure A-1)
... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Dipka, District - Korba (C.G.)
... Respondent(s) For Applicant (s) : Shri S.R.J. Jaiswal, Advocate. For the State : Ms. Laxmeen Kashyap, P.L. Hon’ble Shri Justice Arvind Kumar Verma
Order on Board 02/01/2025
1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.110/2024 registered at Police Station Dipka, District Korba (C.G.) for the offence punishable under Sections 363, 366, 376(2) (N) of IPC and Section 6 of POCSO Act.
2. Learned counsel for the applicant submits that allegation against present applicant is that prosecutrix was gone to elsewhere from her NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE
2 house without any information to her parents and she did not return back in the house in time when no any information has received about the prosecutrix to her relatives, then police has registered the FIR against unknown person and thereafter recovered the prosecutrix. Applicant is innocent and falsely implicated in the present case, prosecutrix was love affair with the applicant and as per dakhil-kharij register prosecutrix is aged about 17 years 5 months and 19 days, he has not committed any offence as alleged against him. He is in jail since 09.03.2024, hence, he may be released on bail.
3. Learned counsel for the State opposes the submission made by
learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail.
4. On 04/10/2024 victim along with her mother has appeared before this Court in person and have raised no objection in releasing the applicant on bail.
5. Heard learned counsel for both the parties.
6. Considering the entire facts and circumstances of the case, nature of allegations, the fact that applicant is in jail since 09.03.2024, charge- sheet has been filed, age of the victim is 17 years 5 months and 19 days at the time of incident and there is affair between the prosecutrix and applicant, without commenting anything on merits of the case, I am inclined to allow bail application of applicant.
7. Accordingly, bail application is allowed. It is directed that applicant - Rehman @ Rahman Chandra Babu Mandavi shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with two
3 sureties in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/-
(Arvind Kumar Verma)
JUDGE Kamde