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2025 DAILYLAW 3825 (CHH)

DURGESHWAR MIRCHE @ DURGESH v. STATE OF CHHATTISGARH

MCRC/507/2025 · 2025-02-12

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 507 of 2025 1 - Durgeshwar Mirche @ Durgesh S/o Late Shri Gulab Chand Mirche Aged About 19 Years R/o Village- Bagur, Police Station- Gandai, District- Khairagarh - Chhuikhadan - Gandai(C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Gandai, District- Khairagarh-Chhuikhadan-Gandai(C.G.) ... Respondent(s) For Petitioner(s) : Shri Ameya Kumar Pandey, Advocate For Respondent/State : Shri Karan Kumar Bahrani PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/02/2025 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. 145/2024 registered at police station Gandai, District Khairagarh, Chhuikhadan-Ganda (CG) for the offence punishable under Sections 363,366,376(2)(n) of IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2 2012. 2. Prosecution case in brief is that report was lodged by the aunt of the victim on 17.06.2024 alleging that the victim came to her house to attend dashgatra and thereafter she went to her village by bus. Further case of prosecution is that at about 5.00 pm she came to know that the victim did not reach home and during investigation, on 13.11.2024, she was recovered from the custody of the applicant and he was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was having love affair. He submits that the applicant is in jail since 13.11.2024, 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. 6. Victim and her mother 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 13.11.2024, the charge sheet has been filed and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 3 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 not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall not involve himself in any offence of similar nature in future. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.14 17:29:45 +0530