Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:7402
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 147 of 2025 1 - Balwant Bhuihar S/o- Jaklu Bhuihar Aged About 19 Years R/o- Bhanaura, P.S.- Balrampur, District- Balrampur- Ramanujganj, (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through S.H.O. P.S- Balrampur, District- Balrampur-Ramanujganj, C.G.
... Respondent(s) For Petitioner(s) : Ms. Harshika Pandey, Advocate For Respondent/State : Ms. Monika Thakur, PL (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 10/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 97/2024 registered at police station Balrampur District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 363,366,376(2)(n) of IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.13 12:04:40 +0530
2
2. Case of the prosecution in brief is that the applicant and prosecutrix were having love affair and when this fact came tot he knowledge of her parents, they scolded her and she eloped with the applicant who took him to Rajpur where he committed sexual intercourse on the pretext of marriage.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was love affair between them which was opposed by the parents of the victim and she eloped with the applicant. He submits that the applicant is in jail since 13.06.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail.
5.
Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that as per the date of birth certificate, the prosecutrix was 17 years 6 months and 18 days at the time of incident.
6. Victim and her father appeared through the concerned DLSA and have raised objection.
7. Heard counsel for the parties and perused the record.
8. On due consideration of the rival submissions and the fact that the applicant is in jail since 13.06.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.
3
9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge