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2025:CGHC:2248
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8651 of 2024 1 - Prince Yadav S/o Sandeep Yadav Aged About 18 Years R/o Balaji Nagar, Block 30, Khamtarai, District Raipur (C.G.)
... Applicant versus 1 - State of Chhattisgarh Through Station House Officer (S.H.O.) - P.S. Bemetara, District Bemetara (C.G.)
... Respondent For Applicant : Mr. Vinayak Sharma, Advocate For State : Ms. Priya Sharma, 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 19/10/2024 in connection with Crime No. 458/2024, registered at Police Station Bemetara, District Bemetara, C.G. for the offence punishable under Sections 137 (2), 64 (1) and 64 (2) of BNS 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 16:37:43 +0530
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2. As per the prosecution case a missing report was made on 02/09/2024 by the mother of the prosecutrix against the unknown persons. On the basis of the report an FIR was registered and during investigation it was found that the girl/victim had herself went to Dhamtari for celebrating 18th birthday of the applicant. After the celebration, the prosecutrix had informed that she herself had left her home, upon which the mother of the applicant called the parents of the prosecutrix and mother of the prosecutrix went to Dhamtari and brought the prosecutrix to the police station and on the basis of the statements the applicant was arrested.
3.
Learned counsel for the applicant would submit that the prosecutrix and the applicant are in love relation with each other and the prosecutrix herself had joined the company of the applicant. He would next contend that the prosecutrix before the trial Court has raised her no objection with respect to grant of bail to the applicant. He would lastly contend that in the medico-legal examination report of sexual violence it is opined that there is no any external injury of any assault and there is no sign of any forceful act and the applicant is in jail since 19/10/2024 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. The prosecutrix along with her mother appeared through video conferencing from DLSA Bemetara and they raised no objection with regard to grant of bail to the applicant.
6. Considering the fact that the applicant and the prosecutrix are in love relation with each other and the prosecutrix herself had joined the
3 / 3 company of the applicant and the prosecutrix has given no objection with regard to grant of bail to the applicant; the charge-sheet in this case has been filed; and the applicant is in jail since 19/10/2024, 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