Extracted from the PDF above. The PDF is authoritative.
1 / 3
2025:CGHC:2246
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8629 of 2024 1 - Gopal Sidar S/o Shoukilal Sidar Aged About 30 Years R/o Village Darimuda, Police Chowki Adbhar, Tahsil Malkharouda, District Sakti Chhattisgarh
... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Kharsiya, District Raigarh Chhattisgarh
... Respondent For Applicant : Mr. Ishwar Jaiswal, Advocate For State : Mr. Karan Bahrani, P.L.
(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 11/11/2024 in connection with Crime No. 238/2022, registered at Police Station Kharsiya, District Raigarh, C.G. for the offence punishable under Sections 363, 366, 376, of the IPC and Sections 4, & 6 of the Protection of Children from Sexual Offences Act,
2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.15 17:27:31 +0530
2 / 3
2. As per the prosecution case the father of the prosecutrix lodged a complaint that his daughter, who is aged about 17 years 02 months, has gone somewhere with some unknown persons when he was gone for his labour work and the mother of the prosecutrix had gone Raurkela. Thereafter, on the basis of the complaint, FIR was registered and during investigation the prosecutrix was recovered from the possession of the applicant. Thereafter, the present applicant was arrested.
3.
Learned counsel for the applicant would submit that the applicant has not committed or participated in any act which has been alleged against the applicant. He would next contend that the FIR was lodged against the unknown persons and the name of the applicant was not in the FIR. He would next contend that the prosecutrix herself stated in her statement under Section 164 Cr.P.C. that she wants to marry with the applicant. He would lastly contend that the applicant is in jail since 11/11/2024 and the charge-sheet in this case has already been filed, therefore, the applicant may be released on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail.
5. Victim along with her father appeared before the Court and stated that she has no objection if bail is granted to the applicant.
6. Victim has also filed an application for no objection to the bail application preferred by the applicant.
7. I have heard learned counsel for the parties and perused the documents. It is a case of elopement. I have perused the statement of the prosecutrix, which shows that no allegation of rape has been leveled against the applicant; the charge-sheet in this case has been filed; the applicant is in
3 / 3 jail since 11/11/2024; and the no objection given by the prosecutrix for grant of bail, considering the same, I am inclined to release the applicant on bail.
8. 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