Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4076
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8854
of 2024
• Akash Kumar Chauhan S/o Kanhaiya Lal Chauhan Aged About 23 Years R/o Village Kothari, Chowki - Sonakhan, P.S. - Kasdol, District - Balodabazar-Bhatapara Chhattisgarh
... Applicant versus • State of Chhattisgarh Through P.S. - Kasdol, District - Balodabazar- Bhatapara Chhattisgarh. --- Respondent For Applicant
: Mr. Asseem Bhagat Gopal, Advocate. For Respondent/State : Mr. Pushpalata Khalkho, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.76/2024, registered at PS – Kasdol, District - Balodabazar-Bhatapara Chhattisgarh, for commission of offence punishable under Sections 363, 366, 376 of the IPC & Sections 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that on the pretext of marriage, present applicant has committed forceful sexual intercourse with minor victim on many occasion. Based upon report, FIR was registered and applicant was arrested in the aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Evidence of victim is not reliable as there are many
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contradiction and omission in her evidence. There is no any evidence/material available to connect the present applicant in the alleged crime/offence. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 17.02.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing forceful sexual intercourse with minor victim aged about 14 years, due to which, she became pregnant of 05 months. Hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. In compliance of order of this Court, notice has been served upon the complainant/mother of victim, but neither victim nor her mother appeared before this Court today. 7.
Considering facts of the case, nature of allegations, submission of State Counsel that due to forceful sexual intercourse by the applicant/accused with minor victim, she became pregnant of 05 months, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial expeditiously as soon as possible. Certified copy as per rules. Sd/-
(Arvind Kumar Verma)
Judge J.