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2025 DAILYLAW 45052 (CHH)

RAMWESHWAR YADAV v. STATE OF CHHATTISGARH

MCRC/8545/2024 · 2025-01-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:1834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8545 of 2024 1 - Ramweshwar Yadav S/o Late Brijkumar Yadav Aged About 25 Years R/o Village Kuchi, Police Station Gidhpuri, Tehsil Palari District Balodabazar- Bhatapara Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Gidhapuri, District Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) For Applicant (s) : Shri S.P. Sannat, Advocate For the State : Shri Karan Bahrani, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 10/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.89/2024 registered at Police Station Gidhapuri, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 137, 87, 64(2) and under Sections NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.14 11:09:46 +0530 2 4, 6 POCSO Act and 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. The case of prosecution in brief is that the complainant lodged a report to the police station Gidhpuri, District Balodabazar Bhatapara (C.G.), that her granddaughter on 08.08.2024 saying that she was going to school and hasn't returned home yet. Thereafter a missing report has been registered against unknown person. After investigation victim has been recovered from the house of the present applicant. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case, charge-sheet has been filed and charges were framed before the trial Court against the applicant. There were three witnesses have been examined, the statement of the victim (PW-3) has been recorded and deposed that she has married with the applicant in Banjari temple as a wife and husband, applicant is in jail since 11/08/2024, trial will take more 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 submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Today victim along with her father appeared before this Court. Victim submits that she has no objection but her father has objected with regard to grant of bail to the applicant, their objection is taken on record. 6. Heard learned counsel for the parties. 7. Looking to the nature of offence, there is affair between the victim and 3 present applicant, charge-sheet has already been filed, trial will take more time for its conclusion, there is no previous criminal antecedent against the applicant, he is in jail since 11/08/2024, without commenting anything on merits of the case, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Ramweshwar Yadav shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/-d/- (Arvind Kumar Verma) JUDGE Kamde