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2025 DAILYLAW 43046 (CHH)

UDIT NARAYAN GHRITLAHARE v. STATE OF CHHATTISGARH

MCRC/7883/2024 · 2025-01-09

Shri Arvind Kumar Verma

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:1422 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7883 of 2024 Udit Narayan Ghritlahare S/o Saradhuram Ghritlahare Aged About 27 Years R/o Bamhni, P.S. Gidhpuri, District Balodabazar Bhatapara Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Gidhpuri, District Balodabazar Bhatapara Chhattisgarh.. --- Respondent For Applicant : Mr. Amit Matre, Advocate For Respondent/State : Ms. Pushpalata Khalko, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 09/01/2025 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.44/2023, registered at PS -Gidhpuri, District Balodabazar Bhatapara, Chhattisgarh, for commission of offence punishable under Sections 363, 366, 376, 376 (2)(n) of the Indian Penal Code and Section 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that present applicant has abducted the minor victim and established physical relationship with her on many occasion on the pretext of marriage, however, thereafter he performed marriage with her. Based upon report, aforementioned crime/offence was registered against the applicant and he has been arrested on 06.10.2024. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There was love affair between the applicant and victim, victim went with the applicant with her own will and performed marriage with him in the temple 2 and thereafter live together more than one year. Due to some pity issue, alleged offence has been lodged against the applicant. There is no any reliable piece of documents/certificates produced by the prosecution which shows that on the date of alleged incident, victim was minor. There is no any previous antecedents against the applicant. Applicant is in jail since 06.10.2024, 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 aged about 14 years, 06 months & 06 days, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim along-with her father appeared before this Court and raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegation, submission of learned counsel for the parties, statement of victim recorded under Section 161 of Cr.P.C, further considering that as per mark-sheet of 8th class and Dakhil Kharij register on the date of alleged incident, victim was minor and applicant has allured the minor victim, established physical relationship with her and thereafter performed marriage with her, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial expeditiously, as soon as possible. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.