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2025 DAILYLAW 45091 (CHH)

SUNIL BANJARE v. STATE OF CHHATTISGARH

MCRC/8576/2024 · 2025-01-16

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8576 of 2024 1 - Sunil Banjare S/o Shivprasad Banjare, Aged About 20 Years R/o Bandhatola, P.S.-Bodla, District-Kabirdham (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through-Police Station-Pipariya, District-Kabirdham (Kawardha) (C.G.) ... Respondent(s) For Applicant : Shri Mirza Kaishar Baeg, Advocte For Respondent(s) : Shri Pranjal Shukla, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/01/2025 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. 236/2024 registered at police station Pipariya, District Kabirdham (CG) for the offence punishable under Sections 363 IPC, Section 87, 65(1), 65(2)(6) and 64(2) of BNS, Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2 2. Prosecution case in brief is that on 01.07.2024, father of the prosecutrix lodged a report alleging that in between 29.06.2024 to 30.06.2024, his daughter was found missing and some unknown person had taken his minor daughter from his legal custody. During investigation, she was recovered from the custody of the applicant. She immediately informed about the incident to her brother and thereafter the complaint was registered against the applicant. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the prosecutrix and her father have not supported the case of prosecution. He submits that the applicant is in jail since 04.07.2024, the charg sheet has been filed and 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. Notice has been served to the victim but none apeared on her behalf either in personal or through VC with the help of concerned DLSA. 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 in jail since 04.07.2024, the charge sheet has been filed and looking to the fact that the material witnesses-prosecutrix and her father have been examined and they have not supported the case of prosecution and that 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. 3 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 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