Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9007 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 461
of 2025
Sukhdas Kosale S/o Hari Kosale Aged About 24 Years R/o Ward No. 05, Near Govt. Primary School, Pandariya, P.S. Pandariya, District Kabirdham, Chhattisgarh.
... Applicant(s) versus State of Chhattisgarh, Through Station House Officer, Police Station Pandariya, District-Kabirdham, Chhattisgarh.
--- Respondent For Applicant : Mr. CP Lahrey, Advocate For Respondent/State : Ms. Sunita Sahu, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 20/02/2025
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.307/2024, registered at PS - Pandariya, District-Kabirdham, Chhattisgarh, for commission of offence punishable under Sections 137(2), 87, 64(2)(M), 65(1) of the BNS, Section 376(1) of IPC and Section 4(2), 06 of the POCSO Act.
2. Case of prosecution, in brief, is that complainant (parents of victim) lodged missing report to the concerned Police Station, based upon which, FIR was registered initially against unknown persons. During course of investigation, prosecutrix was recovered and her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested on 10.09.2024 in aforementioned crime/offence.
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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 him. Victim was having loving affair with the applicant/accused, due to which, she herself went with him. Due to previous dispute, false report has been lodged against the applicant, he is in jail since 10.09.2024, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel opposes the submission of counsel for the applicant and would submit that applicant has abducted the minor victim (aged about 15 years) and took her to Hyderabad. He committed forceful sexual intercourse with her on many occasion. Hence, looking to the nature of offence and age of victim, applicant may not be released on bail.
5. Heard learned counsel for the parties.
6. Non-one is appeared on behalf of the victim, though notice has been duly served upon grandmother of victim.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, statement of the victim, particularly the submission that applicant has abducted the minor victim and took her to Hyderabad, he committed forceful sexual intercourse with her on many occasion, I am not inclined to allow this bail application.
8. Accordingly, bail application is hereby rejected. Certified copy as per rules.
Sd/- (Arvind Kumar Verma)
Judge J.