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2025 DAILYLAW 45671 (CHH)

ABHIJEET VISHWAS v. STATE OF CHHATTISGARH

MCRC/8863/2024 · 2025-01-22

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:3871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8863 of 2024 1 - Abhijeet Vishwas S/o Meghnath Vishwas, Aged About 19 Years, R/o Village PV-112, Devpuri, Police Station And Tahsil Pakhanjur, District North Bastar Kanker Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House OfÏcer, Police Station Pakhanjur, District North Bastar Kanker Chhattisgarh ... Respondent(s) For Applicant : Mr. Mukesh Shrivstava, Advocate For Respondent /State : Ms. Neeta T. Thawani, Panel Lawyer SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order on Board 22/01/2025 1. This is the second application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Digitally signed by SHYNA AJAY Date: 2025.01.22 16:57:01 +0530 2 applicant, who has been arrested in connection with Crime No.179/2022 registered at Police Station Pakhanjur, District North Bastar, Kanker (CG) for the offence punishable under Sections 363, 366, 376 (2)(n), 323, 506 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act. 2. The first bail application of the applicant was dismissed on merits by the order dated 5.5.2023 passed in MCRC No.1779 of 2023. 3. Allegation against the present applicant is that on the pretext of marriage, the applicant abducted the prosecutrix and took her to Faridabad and stayed there for one month and sexually exploited the prosecutrix during this period. When the prosecutrix resisted, the applicant committed Marpeet with her and threatened to kill her. 4. Learned counsel for the applicant submits that both the applicant and the victim were in love relationship. He submits that even after returning to the village, the victim resided in the house of the applicant for about 3-4 days. The prosecutrix has been examined. He further submits that the applicant, who is aged about 19 years, has been in jail since 31.12.2022 and the conclusion of trial is likely to take considerable time, therefore, considering this backdrop of the case, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 6. The father of the prosecutrix along with the prosecutrix appeared through the Help Desk of the concerned DLSA and opposed the prayer for bail. 7. Having considered the submissions of learned counsel for the parties and also considering the statement of the prosecutrix and further 3 considering the attending circumstances and that the conclusion of trial is likely to take some more time, without commenting anything on the merits of the case, this Court is 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 furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount 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. 9. Certified copy as per rules Sd/- (Deepak Kumar Tiwari) Judge Shyna