Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7394 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 648
of 2025
Ganesh Uraon S/o Suresh Uraon Aged About 20 Years R/o Sodekela, Police Station- Pusaur, District- Raigarh, Chhattisgarh.
... Applicant (s) versus State of Chhattisgarh Through Station House Officer, Police Station- Pusaur, District- Raigarh, Chhattisgarh. --- Respondent For Applicant
: Mr. Ashish Gupta, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 10/02/2025
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.218/2024, registered at PS - Pusaur, District- Raigarh, Chhattisgarh, for commission of offence punishable under Sections 64, 64(1) of BNS and Section 4 of the Protection of Children from Sexual Offences Act.
2. Case of prosecution, in brief, is that present applicant took the minor victim/prosecutrix in his house and committed forceful sexual intercourse with her. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged
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against him. There is love affair between applicant and the victim which is admitted by the victim in her evidence. There is delay in lodging of FIR, which has not been explained properly by the prosecution. There is no any other criminal antecedents against the applicant. Applicant is in jail since 23.09.2024, 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 is specific allegation against the applicant of committing aforesaid offence/crime with minor victim, hence, he is not entitled for grant of regular bail.
5. Heard learned counsel for the parties.
6. Pursuant to order of this Court, prosecutrix/victim alongwith her mother appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having objection in granting bail to the applicant.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, statement of victim recorded under Sections 161 & 164 of Cr.PC, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.
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.
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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.