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2025 DAILYLAW 4188 (CHH)

VICKY KUMAR v. STATE OF CHHATTISGARH

MCRC/448/2025 · 2025-02-21

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:9268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 448 of 2025 1 - Vicky Kumar S/o Hippy Kumar Aged About 19 Years R/o Bashirpur, Police Station- Jafrabad, District- Jaunpur, Uttar Pradesh (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus 1 - State Of Chhattisgarh Through- Police Station- Nandani Nagar, Bhilai, District- Durg (C.G.) ... Respondent(s) For Petitioner(s) : Shri Anmol Sharma, Advocate For Respondent/State : Shri Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 186/2024 registered at police station Nandani Nagar, Bhilai, District Durg (CG) for the offence punishable under Sections 137(1)(b),87 and 65(1) of BNS and Section 4 2 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Prosecution case in brief is that on 24.07.2024, report was lodged by the mother of the prosecutrix alleging that her minor daughter is found missing and on being enquired, during the course of investigation, she was recovered from the house of the applicant in Uttar Pradesh on 27.08.2024 and the applicant was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was consensual relation between the applicant and the prosecutrix who was aged about 20 years of age and she eloped with him to Uttar Pradesh. He submits that the applicant is in jail since 30.08.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 6. Parents of the victim are present before this Court and have raised objection. Victim appeared through the concerned DLSA and have raised no objection. 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 30.08.2024, the charge sheet has been filed and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 3 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the 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, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall not involve himself in any offence of similar nature in future. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.24 15:13:57 +0530