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2025 DAILYLAW 46183 (CHH)

AKSHYA KUMAR CHANDEL v. STATE OF CHHATTISGARH

MCRC/9140/2024 · 2025-02-20

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:9004 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9140 of 2024 • Akshya Kumar Chandel S/o Shatrughan Singh Chandel Aged About 24 Years R/o Kumhali P.S. Gotatola District - Mohla- Manpur Ambagarh - Chaucki (C.G.) (District Name In Not Properly Mentioned In The Impugend Order) ... Applicant(s) versus • State Of Chhattisgarh Through Sho Police Station Doundi District - Balod (C.G.). --- Respondent For Applicant : Mr. Avinash Sahu, Advocate. For Respondent/State : Ms. Laxmin Kashyap, 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.63/2024, registered at PS - Doundi District - Balod (C.G.), for commission of offence punishable under Sections 376(2)(n) of IPC, Section 4, 5 J(ii), 5(L), 6 of the POCSO Act. 2. Case of prosecution, in brief, is that present applicant has committed forceful sexual intercourse with minor victim on many occasion. Based upon report, FIR was registered against the applicant and he has been 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 2 against him. Applicant neither abducted the victim nor committed forceful sexual intercourse with her, she herself went with him. There is no any other criminal antecedent against the applicant. Applicant is in jail since 06.10.2024, 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, ence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Victim alongwith her mother, 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 victim herself went with the applicant, 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- 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 3 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.