Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6149
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 401
of 2025
Pankaj Das Manikpuri S/o Gautam Das Aged About 20 Years R/o Village Dandhvan, Ps - Farasgaon, District - Kondagaon, At Present R/o Muryipara, Narayanpur, Tehsil And District Narayanpur, Chhattisgarh
...Applicant versus State of Chhattisgarh Through PS - Narayanpur District Narayanpur Chhattisgarh. --- Respondent For Applicant
: Mr. Shobhit Kosta, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 03/02/2025
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.95/2024, registered at PS – Narayanpur District Narayanpur Chhattisgarh, for commission of offence punishable under Sections 137(2), 64, 64(2)(m), 351(2) of BNS and Section 4 & 6 of POCSO Act and Section 3(2)(v), 3(2)(va) of the SC/ST Act.
2. Case of prosecution, in brief, is that mother of prosecutrix/victim lodged missing report to the concerned Police Station mentioning therein that her daughter went out from the house without intimating anything to her
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family members and did not return back. Based upon report, FIR was registered and during course of investigation, prosecutrix was recovered from the possession of the present applicant. Her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in aforementioned crime.
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 them. There is no any evidence/material to connect the present applicant in the alleged crime. Vitim and her mother (PW-1 & PW-2) examined before the trial Court and they have not supported the case of prosecution. Applicant is jail since 08.09.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail.
4. Learned counsel for the State opposes the submission made by learned counsel for the applicants and would submit that there is specific allegation against the applicants of committing the aforesaid offence/crime, hence, he is not entitled for grant of bail. She also pointed out that there are 04 previous criminal antecedent against the applicant of the year 2024.
5. Heard learned counsel for the parties.
6. Pursuant to order of this Court, victim and her mother appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having objection in granting bail to applicant. Her submission is recorded.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, statements of victim and her mother (PW- 1 & PW-2) and other prosecution witnesses, further the fact that there are
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04 criminal antecedent registered against the applicant in the year 2024, further considering the objection raised by victim before this Court, I am not inclined to allow this bail application.
8. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial, as early as possible, if there is no any legal impediment. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.