Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2953
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8755 of 2024 1 - Pradip Giri S/o Jaldhar Giri Aged About 27 Years R/o Village- Tilajanpur, Police Station- Sankra, District- Mahasamund, C.G.
... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Pithoura, District- Mahasamund, C.G.
... Respondent(s) For Petitioner(s) : Shri Shivendu Pandya, Advocate For Respondent(s) : Ms. Binu Sharma, PL
(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. 143/2023 registered at police station Pithoura, District Mahasamund (CG) for the offence punishable
2 under Sections 363,366,376(3) IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 .
2. Case of the prosecution in brief is that father of the prosecutrix lodged a report at police station Pithoura alleging that the applicant had developed physical relation with the prosecutrix on the pretext of marriage and she became pregnant, who was minor aged about 15 years and 11 months as per the School Admission and Discharge register.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the case and that the prosecutrix was major on the date of incident. He submits that the prosecutrix was having love affair and was a consenting party, she had voluntarily accompanied the applicant to Tamil Nadu where they stayed for about 6 months. He further submits that the applicant is in jail since 09.05.2024. He submits that 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 and submits that as per the school admission and discharge register, the prosecutrix was aged about 15 years 11 months and she became pregnant.
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6. The prosecutrix along with her father appeared through virtual mode from the concerned DLSA and had raised objection.
7. Heard counsel for the parties and perused the case diary.
8. On due consideration of the rival submissions and the fact that the prosecutrix was minor aged about 15 years and 11 months and she has become pregnant and further looking to the objection raised by the father and victim, the present application deserves to be rejected. Accordingly, his bail application is rejected. Sd/- (Arvind Kumar Verma) Judge
SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.01.18 03:49:41 -0500