Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:790 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8287
of 2024
Raja Babu Kumhar S/o Shri Dukalu Ram Aged About 24 Years R/o Vill.- Dhatura, P.S. And Tah. Hardibazaar, Dist.- Korba, C.G.
...Applicant versus State of Chhattisgarh Through S.H.O. Police Chauki Pantora, P.S. Baloda, Dist. Korba, C.G.. --- Respondent For Applicant
: Mr. Ravindra Sharma, Advocate For Respondent/State : Ms. Pushplata Khalkho, PL. For Objector : Mr. Vaibhav Goverdhan, Advocate
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 06/01/2025
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.316/2024, registered at Police Chauki Pantora, P.S. Baloda, Dist. Korba, C.G, for commission of offence punishable under Sections 75, 78, 115(2), 351(2), 108, 45 of the BNS and Section 8 of the Protection of Children from Sexual Offences Act.
2. Case of the prosecution in brief is that present applicant tried to outrage the modesty of minor victim and also threatened of her life, due to which, victim made an attempt to commit suicide by consuming the poison. Based upon report lodged by father of victim, FIR was registered against the applicant and he has been arrested in the aforementioned
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crime/offence.
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. As the family members of victim come to know about the love affair of victim with the present applicant, they started pressuring the victim to make false allegation against the applicant and due to which, victim has made false statement against the applicant. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 07.09.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail.
4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant that he threatened and tried to outrage the modesty of minor victim aged about 16 years and 06 months. Due to which, victim tried to commit suicide by consuming the poison. Looking to the act of applicant, he is not entitled for grant of bail.
5. Heard learned counsel for the parties.
6. Pursuant to order of this Court’s dated 28.11.2024, father of victim alongwith his Counsel is appeared before this Court. He submits that he is having no objection in granting bail to applicant. His submission is recorded.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the applicant that there is love affair between the applicant and victim, further the fact that father of victim has not raised any objection in granting bail to the applicant, applicant is not having any previous antecedent, further considering that the applicant has not made any attempt to tamper with the prosecution witnesses, period of detention of applicant ie since 07.09.2024, charge-sheet has been filed, without
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commenting anything on merits of the case, I am inclined to allow this bail application.
8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) applicant 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. b) applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.