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2025 DAILYLAW 45238 (CHH)

SUNIL TODEM v. STATE OF CHHATTISGARH

MCRC/8734/2024 · 2025-01-15

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:2607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8734 of 2024 1 - Sunil Todem S/o Shankar Todem, Aged About 22 Years R/o Panarapara, Bijapur, Thana And District-Bijapur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- P.S.-Bijapur, District-Bijapur (C.G.) ... Respondent(s) For Applicant(s) : Shri Vikash A. Shrivastava, Advocate. For the State : Shri Karan Bahrani, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 15/01/2025 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.24/2024 registered at Police Station Bijapur, District Bijapur (C.G.) for the offence punishable under Sections 376 (3), 376 (2)(n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The allegation against the present applicant/accused that by giving NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 11:30:01 +0530 2 false allurement of marriage to the victim who is less than 16 years of age, forcibly had physical relations with the victim against her will and without her consent and committed rape and aggravated penetrative sexual assault by committing more than one or repeated penetrative sexual assault. 3. Learned counsel for the applicant submits that he has no previous criminal antecedent, victim is a major and consenting party and she has very well know about the result of relationship made before the marriage, applicant is in jail since 07/05/2024 and trial will take more time, hence he prays for release on bail to he applicant. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that at the time of incident age of the victim is 14 years and 8 months and victim has has pregnant more than 6 months. Hence, he is not entitled for grant of bail. 5. Today victim appeared through concerned DLSA and raised her objection in granting bail to the applicant. The submission made by the victim is taken on record. 6. Heard learned counsel for the parties. 7. Looking to the age of the victim i.e. approximately 14 years and 8 months at the time of incident, she has pregnant more than 6 months with physical relation made by the accused/applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant Sunil Todem filed under Section 483 of BNSS involved in Crime No.24/2024 registered 3 at Police Station Bijapur, District Bijapur (C.G.) for the offence punishable under Sections 376 (3), 376 (2)(n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012, is rejected. Sd/- (Arvind Kumar Verma) JUDGE Kamde