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2025 DAILYLAW 35093 (CHH)

GOVIND RAO v. STATE OF CHHATTISGARH

MCRC/5578/2025 · 2025-07-22

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:35585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5578 of 2025 1 - Govind Rao S/o Omrao Maratha, Aged About 21 Years, R/o Village Sambalpur, Police Station Arjuni, District Dhamtari (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Office, Police Of Police Station Bhakhara, District Dhamtari (C.G.). ... Respondent For Applicant : Mr. Praveen Dhurandhar, Advocate. For State/Respondent : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 38/2025 registered at Police Station -Bhakhara, District Dhamtari (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 6 of POCSO Act and Section 3(2)(V) of SC & ST Act, 2012. 2. Case of the prosecution, in short, is that, the father of the victim SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.25 11:05:08 +0530 2 lodged a written report on 26.03.2025, alleging that his minor daughter had left home without informing on 25.03.2025. Pursuant to this report, an FIR was registered on 26.03.2025, and the victim was subsequently recovered from the applicant's possession on 28.03.2025. On the basis of complaint, offence was registered against the applicant and he was arrested for the aforesaid offence. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. It is further submitted that the victim had love relation with the applicant and she remained with the applicant from 25.03.2025 to 28.03.2025 at different places on her own will. The victim has been examined and turned hostile. Additionally, the Forensic Science Laboratory (FSL) report is negative. The applicant has no criminal antecedents and has been in jail since 29.03.2025 and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of incident, the victim was minor and out of 20 witnesses only 01 has been examined, therefore, at this stage, he may not be enlarged on bail. 5. Today, victim along with her uncle ( मौसा जी) appeared virtually from the concerned DLSA and raised her no objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and 3 perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that the victim has been examined and turned hostile, today also victim appeared virtually and raised no objection in granting bail to the applicant, the applicant is in jail since 29.03.2025, and out of 20 witnesses only victim has been examined, the trial is likely to take considerable time to conclude, therefore, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the 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 trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.