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2025 DAILYLAW 43247 (CHH)

SUBHASH KUMAR KANWAR v. STATE OF CHHATTISGARH

MCRC/8262/2024 · 2025-01-13

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8262 of 2024 1 - Subhash Kumar Kanwar S/o Maniram Kanwar, Aged About 24 Years R/o Village-Bagbuda, P.S.-Urga, District-Korba (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- The P.S.- Urga, District-Korba (C.G.) ... Respondent For Petitioner(s) : Shri Gorelal Tandon, Advocate For Respondent/State : Ms. Pushpalata Khalko,PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 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. 324/2024 registered at police station Urga, District Korba (CG) for the offence punishable under Sections 376(2)(n), 506(2) IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2 3. As per prosecution case, complaint was lodged by the prosecutrix alleging that the applicant and the prosecutrix were having love affair and had developed physical relation with her on the pretext of marriage and thereafter refused to marry her. Consequently, the complaint was registered against the applicant. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case and the prosecutrix was major. He further submits that the applicant is in jail since 05.09.2024, 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. The prosecutrix and her mother appeared through virtual mode with the concerned DLSA and had raised 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 lodged in jail since 05.09.2024 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. 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 appear before the trial court regularly on each and 3 every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.01.14 07:14:13 -0500