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2025 DAILYLAW 42908 (CHH)

GULAB KATHLE v. STATE OF CHHATTISGARH

MCRC/7262/2025 · 2025-09-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:49330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7262 of 2025 1 - Gulab Kathle S/o Shri Shiv Kathle Aged About 45 Years R/o Village Navapara Pandariya Ps And Tahsil Pandariya District- Kabirdham Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Ps Fastepur Mungeli District- Mungeli Chhattisgarh. ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Dheerendra Pandey, Advocate For Respondent(s)/State : Mr. Pranjal Shukla, 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 along with her father appeared through virtual mode from DLSA, Mungeli and submitted that they have no objection in granting bail to the applicant. Their 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 19:55:48 +0530 2 Crime No. 151 of 2023, registered at Police Station Fasterpur, Mungeli, District Mungeli, Chhattisgarh for the offence under Sections 363, 366, 376(2)(n) of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of the prosecution is that, on 20.12.2023, the father of the victim lodged a report to the police suspecting the applicant that he kidnapped his minor daughter and the whereabouts of his minor daughter is unknown. The police has registered the offence under Section 363 of IPC and started investigation. During the investigation, the victim was recovered on 04.06.2025 from the possession of the applicant and after recording her statement, the other offences of Sections 366 and 376(2((n) of IPC 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 04.06.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant. She herself eloped with him on her own will and engaged in making consensual physical relation. It is only under the pressure of her parents, she made statement against him. The victim had gone with the applicant without raising any objection. Both of them had gone to Raipur, where they performed marriage and out of their wedlock, she gave birth to a girl child. She is presently residing in the house of the applicant. The applicant is in jail since 04.06.2025, final adjudication 3 of the case will take its own time. Therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 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