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2025 DAILYLAW 40665 (CHH)

VICKY SONI @ KARAN SONI v. STATE OF CHHATTISGARH

MCRC/6708/2025 · 2025-09-09

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 2 2025:CGHC:46265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6708 of 2025 • Vicky Soni @ Karan Soni S/o Late Murli Soni Aged About 28 Years R/o Rbh Colony Near Well P.S. Khamtarai, District Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Police Station Azad Chowk, District Raipur (C.G.) ... Respondent For Applicant : Mr. P.K. Tulsyan, Advocate For Respondent-State : Ms. Priya Sharma, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 10/09/2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 264/2022 registered at Police Station – Azad Chowk, District Raipur (C.G.) for offence punishable under Sections 376, 506, 363, 34 of IPC and Section 4 & 6 of the POCSO Act. 2. Case of prosecution in brief is that applicant called the victim in a cafe and thereafter committed forceful sexual intercourse with her. Incident was reported to the concerned police station, based on which aforementioned crime was registered and applicant was arrested. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any such offence as alleged. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 2 From the evidence of victim before the Trial Court, it appears that the victim was a consenting party, hence, no offence as alleged is to be made out. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that in view of the nature of offence, and the evidence available, applicant is not entitled for grant of bail. As per material available in the charge-sheet, victim on the date of incident was less than15 years of age. 5. Pursuant to the notice issued by this Court, father of victim is present before this Court through virtual mode from D.L.S.A. Raipur and raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Taking into consideration facts and circumstances of the case, nature of allegation, looking to the date of incident of the year 2022 and date of arrest of applicant on 19.05.2025, and further age of victim to be less than 15 years on the date of incident, I do not find present to be a fit case to allow this application. 8. Accordingly, bail application is dismissed. Sd/- (Parth Prateem Sahu) pwn JUDGE