Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9003 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9136
of 2024
• Rohit Sahu S/o Santosh Sahu Aged About 22 Years R/o Dewangan Para, Near Durga Darbar, Nawapara, Police Station Gobra Navapara, District Raipur Chhattisgarh.
... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Gobra Nawapara, District Raipur Chhattisgarh.
--- Respondent For Applicant : Mr. CR Sahu, Advocate For Respondent/State : Ms. Sunita Sahu, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 20/02/2025
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.453/2024, registered at PS - Gobra Nawapara, District Raipur, Chhattisgarh, for commission of offence punishable under Sections 137(2), 87, 64(2) of BNS and Section 4 & 6 of the POCSO Act.
2. Case of prosecution, in brief, is that father of prosecutrix/victim lodged missing report to the concerned Police Station mentioning therein that on 16.10.2024 her daughter (aged about 17 years, 09 months) went out from the house without intimating anything to her family members and did not return back. Based upon report, FIR was registered against known persons. During course of investigation, prosecutrix was recovered and
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her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in 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. There was love affair between the appellant/accused and victim, victim herself went with him. There is no any other criminal antecedent against the applicant. Applicant is in jail since 20.10.2024, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel opposes the bail application of the applicant and submits that there is specific allegation against the applicant of committing forceful sexual intercourse with minor victim on the pretext of marriage, hence, he is not entitled for grant of bail.
5. Heard learned counsel for the parties.
6. Parents of victim is appeared before this Court through virtual mode from the concerned DLSA and not raised any objection in granting bail to the applicant.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the applicant that there was love affair between the appellant and victim, victim herself went with him, evidence ofs the victim, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.
8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that-
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a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.