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2025 DAILYLAW 41066 (CHH)

Lavkush Singh v. STATE OF CHHATTISGARH

MCRC/7484/2024 · 2025-01-08

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:1211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7484 of 2024 1 - Lavkush Singh S/o Mugdu Singh Aged About 23 Years Resident Of Jokari Portenga Chowki - Lodam Police Station And District - Jashpur (C.G.) ... Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer Police Lodam Chowki Lodam Police Station And District - Jashpur (C.G.) ... Respondent(s) For Applicant : Shri Harish Khuntiya, Advocate. For the State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.149/2022 registered at Police Chowki Lodam, Police Station Lodam, District Jashpur (C.G.) for the offence punishable under Sections 376 (2)(n) of IPC and Section 4, NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 11:54:44 +0530 2 6 of the POCSO Act, 2012. 2. The case of prosecution in brief is that on 11/05/2022 prosecutrix lodged report to the effect that from 10/03/2019 to 10/08/2021 the applicant has committed sexual intercourse with her on several occasion by giving assurance of marriage, due to which, she became pregnant and she delivered child, but her child died after one month. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case, there is delay in lodging FIR, victim was aged about 17 years and 8 months on the date of incident. He further submits that victim has consenting and willing party, charge-sheet has been filed, applicant is in jail since 07/08/2024, therefore, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. On 27/11/2024 the victim along with her father appeared before this Court through virtual mode from concerned DLSA and raised objection regarding granting of bail to the applicant, her objection is taken on record. 6. Heard learned counsel for both the parties. 7. Taking into consideration particularly that affair between applicant and victim, charge-sheet has already been filed and trial will take more time for its conclusion, there is no previous criminal antecedent against the applicant, he is in jail since 07/08/2024, therefore, I am inclined to allow bail application of applicant. 3 8. Accordingly, bail application is allowed. It is directed that applicant Lavkush Singh shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde