Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:230 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7529
of 2024
• Sadhram Sahis S/o Shri Labhoram Sahis Aged About 39 Years R/o Village - Chandan P.S. -Rajadevri District - Balodabazar - Bhatapara (C.G.)
... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Rajadevri District - Balodabazar - Bhatapara (C.G.). --- Respondent For Applicant : Mr. Sumit Shrivastava, Advocate For Respondent/State : Ms. Avelin Juneja Gambhir, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 02/01/2025
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.51/2024, registered at PS - Rajadevri, District : Balodabazar - Bhatapara (C.G.), for commission of offence punishable under Sections 74, 78(2), 115(2), 296, 333, 351(2) of BNS & Section 10 of the Protection of Children from Sexual Offences Act.
2. Case of the prosecution in brief is that on 08.09.2024, present applicant entered into the house of minor victim and tried to outrage her modestly. When she objected, he abused her in filthy language and threatened her also. Based upon report, aforementioned crime/offence has been
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registered against the applicant.
3. Learned counsel for the applicant submits that on 08.09.2024 at about 02:30, Laxmi Prasad (father of victim) and his friends Labho and Nirmala entered into the house of present applicant and assaulted the applicant and his wife Bhagwati Sahis. Wife of applicant lodged report before concerned Police Station based upon which FIR has been registered against father of victim and his friend. Copy of FIR is annexed with the application as Annexure A-2. Learned Counsel submits that as a counter, father of victim has lodged report/complaint against the present applicant and based upon which aforesaid offence/crime has been registered against the applicant and he was arrested on false allegation. Applicant has not committed any offence as alleged against him. There is no any other criminal antecedents against the applicant. Applicant is in jail since 09.09.2024, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that there are specific allegations against the present applicant, hence, he is not entitled for grant of regular bail.
5. Heard learned counsel for the parties.
6. On 10.12.2024, prosecutrix/victim alongwith her maternal uncle appeared before this Court and raised no objection in granting bail to the applicant.
7. Considering facts of the case, nature of allegations, submissions of
learned counsel for the parties, the fact that wife of applicant has also lodged report against father of victim, further considering that applicant is in jail since 09.09.2024 and conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.
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8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant 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. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.