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2025 DAILYLAW 40976 (CHH)

PRAMOD MARKAM v. STATE OF CHHATTISGARH

MCRC/6827/2025 · 2025-09-25

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:49492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6827 of 2025 1 - Pramod Markam S/o Premlal Markam Aged About 20 Years R/o- Village Sargipalpara, Ps And District- Kondagaon, C.G ... Applicant(s) versus 1 - State Of Chhattisgarh Through Ps- Kondagaon District- Kondagaon, C.G. ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Shobhit Koshta, Advocate For Respondent(s)/State : Mr. Karan Kumar Baharani, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 26/09/2025 1. Pursuant to the order dated 12.09.2025, the victim and her father appeared through virtual mode from DLSA, Kondagaon and raised objection in granting bail to the applicant. Their objection is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.26 19:49:46 +0530 2 Crime No. 63 of 2025, registered at Police Station Kondagaon, District Kondagaon, Chhattisgarh for the offence under Sections 137(2), 87, 64, 64(2)(e) of BNS, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of the prosecution is that, on 08.02.2025, the father of the victim lodged a missing report that his minor daughter is missing since 08.02.2025 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of Bharatiya Nyay Sanhita, 2023 (in short ‘BNS, 2023’) and started investigation. During the investigation, the victim was recovered on 13.03.2025 from the possession of the applicant from village Sauter, Madhya Pradesh and after recording her statement, other offences of Sections 87, 64, 64(2)(e) of BNS, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) have been added. The applicant has been arrested on 14.03.2025 and charge sheet has been filed. 4. Learned the counsel for the applicant would submit that, the victim is a major girl having love affair with the applicant. She on her own will had gone to the applicant and engaged in making consensual physical relation with him without raising any objection. It is only under the pressure of her parents, the victim made statement against the applicant. The applicant is in jail since 14.03.2025, final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 3 6. I have heard learned counsel for the parties and perused the material available in the case. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegations and the material collected during the investigation, further considering the 183 BNSS statement of the victim and also that the applicant is in jail since 14.03.2025, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. 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 concerned trial Court, on 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. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved