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2025:CGHC:2247
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8645 of 2024 1 - Umesh Suryavanshi S/o Nakul Suryavanshi Aged About 21 Years R/o Sewai Police Station Pamgarh, District- Janjgir- Champa Chhattisgarh.
... Applicant versus 1 - State of Chhattisgarh Through- The Police Station Pamgarh, District- Janjgir- Champa ( C.G. ). ( P.S. Not Mentioned In Order Impugned )
... Respondent For Applicant : Mr. Ritesh Verma, Advocate For State : Ms. Vaishali Mahilong, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 14/01/2025
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 26/10/2024 in connection with Crime No. 445/2024, registered at Police Station Pamgarh, District Janjgir-Champa, C.G. for the offence punishable under Section 354 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.15 17:27:30 +0530
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2. As per the prosecution case on 08/10/2022 after giving class 10th Exam, the deceased was returning from her School situated at Mohda at that time the applicant came to her and tried to pull her with intention to outrage her modesty and she jerked her hand and went straight to her home. Thereafter, after reaching home the deceased vomited on which she was taken to the hospital by her brother where she was declared dead. Thereafter, report was lodged and during investigation the present applicant was arrested.
3.
Learned counsel for the applicant would submit that the report was lodged with a delay of two years as the date of incident is alleged on 08/10/2022 and the FIR was lodged on 25/10/2024 and no cogent reason has been given with regard to such delay. He would next contend that the the offence as alleged against the applicant is not made out. He would next contend that initially the names of the accused were not disclosed in the FIR and later on the name was added. He would lastly contend that the applicant is in jail since 26/10/2024 and the charge- sheet in this case has been filed, therefore, the applicant may be released on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail.
5. Father of the deceased appeared through video conferencing from DLSA Janjgir-Champa and he recorded his objection with regard to grant of bail to the applicant.
6. Considering the entire facts & circumstances of the case and the fact that there is enormous delay in lodging the FIR as the incident took place on 08/10/2022 and the FIR was lodged on 25/10/2024 further considering
3 / 3 the fact that the applicant is in jail since 26/10/2024 and the charge-sheet in this case has been filed, 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 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