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2025 DAILYLAW 42685 (CHH)

DEEPAK CHAUHAN v. STATE OF CHHATTISGARH

MCRC/7257/2025 · 2025-09-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:49331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7257 of 2025 1 - Deepak Chauhan S/o Prem Kumar Chauhan Aged About 20 Years R/o Village- Dhanagar P.S.- Kotra Road Raigarh District- Raigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station- Kotra Road Raigarh District - Raigarh (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Sanjay Agrawal, Advocate For Respondent(s)/State : Mr. Vivek Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25/09/2025 1. Pursuant to the order dated 11.09.2025, the victim appeared through virtual mode from DLSA, Raigarh and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.26 19:56:54 +0530 2 Crime No. 287 of 2025, registered at Police Station Kotra Road, District Raigarh, Chhattisgarh for the offence under Sections 137(2), 64(1) and 87 of the Bharatiya Nyay Sanhita, 2023 (in short ‘BNS, 2023’) and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of the prosecution is that on 08.07.2025, the mother of the victim lodged a missing report that her minor daughter is missing since 07.07.2025 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of Bharatiya Nyay Sanhita, 2023 (in short ‘BNS, 2023’) and started investigation. During the investigation, the victim was recovered on 08.07.2025 from the possession of the applicant and after regarding her statement, other offences of Sections 64(1) and 87 of BNS, 2023 and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) have been added. The applicant has been arrested on 09.07.2025 and charge sheet has been filed. 4. Learned the counsel for the applicant would submit that the victim is a major girl having love affair with the applicant. She herself eloped with him and engaged in making consensual physical relation without raising any objection. It is only under the pressure of her parents, she made a statement against the applicant. The applicant is in jail since 09.07.2025, charge sheet has been filed, final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 3 6. I have heard learned counsel for the parties and perused the material available in the case. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegations, further considering the material collected during the investigation and also in view of her 183 BNS statement, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on 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. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved