Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1837
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8586 of 2024 1 - Awadh Ram Dhanuhar S/o Veer Singh Dhanuhar Aged About 21 Years Caste - Dhanuhar, R/o Sonaipur, Thana Pali, District Korba Chhattisgarh.
... Applicant versus 1 - State of Chhattisgarh Through Police Station Pali, District Korba Chhattisgarh.
... Respondent For Applicant : Mr. Vikas Kumar Pandey, Advocate For State : Ms. Avelin Juneja, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 10/01/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 14/08/2024 in connection with Crime No. 222/2024, registered at Police Station Pali, District Korba, C.G. for the offence punishable under Sections 137(2), 87, 64(2) (M+), 69 of B.N.S. and Section 6 of the Protection of Children from Sexual Offences Act,
2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.14 13:42:31 +0530
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2. As per the prosecution case the mother of the prosecutrix lodged a missing report in police station Pali alleging that her daughter has gone missing. Thereafter, on investigation the prosecutrix was recovered from the possession of the present applicant and the statements have been recorded. Thereafter, the present applicant was arrested.
3.
Learned counsel for the applicant would submit that it is a case of elopement. He would next contend that the charge-sheet in this case has been filed and the prosecutrix has already been examined before the trial Court. He would next contend that 05 witnesses in this case has been examined and there is no previous antecedent to the credit of the present applicant. He would lastly contend that the prosecutrix has not produced any evidence to show that the applicant has tried to commit the offence, therefore, the applicant may be released on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail.
5. The prosecutrix along with her mother appeared in person before this Court and she raised objection with regard to grant of bail to the applicant.
6. I have learned counsel for the parties and perused the documents. It is a case of elopement and the charge-sheet in this case has been filed and the 05 witnesses have been examined, considering the same and also considering the fact that there is no previous antecedent of the applicant and there is no tampering of evidence, I am inclined to release the applicant on bail.
7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of
3 / 3 Rs.15,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. SD/- (Arvind Kumar Verma)
JUDGE ashu