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2025 DAILYLAW 47391 (CHH)

SURESH CHAUHAN v. STATE OF CHHATTISGARH

MCRC/8159/2025 · 2025-11-16

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:55958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8159 of 2025 1 - Suresh Chauhan S/o Ekdasiya Chauhan Aged About 21 Years R/o Village Piparda, Police Station Bamhnindih, District Janjgir-Champa Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Bamhnindih, District - Janjgir-Champa Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Sumit Singh Rathore, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL For Objector : Ms. Manisha Yadav, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/11/2025 The applicant has filed this bail application under Section 483 of the BNSS for grant of regular bail as he is in custody in connection with Crime No. 56/2025 registered at police station Bamhnidih, District 2 Janjgir-Champa (CG) for the offence punishable under Sections 137(2), 87 and 64(2)(e) of BNS and Sections 4 & 6 of the POCSO Act. 2. As per the case set forth by the prosecution, on 15.06.2025, the uncle of the prosecutrix made oral complaint before the concerned police station alleging that his niece (proseuctrix) was missing and that some unknown person had allured her. Based on the said complaint, the police registered the crime and initiated investigation. Subsequently on 17.07.2025, she was recovered from the custody of the applicant at Udhampur, Jammu Kashmir. Based on the above, and the statement of the prosecutrix, the applicant was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that she went along with the applicant of her own leaving a note in the house as there was some quarrel in the family. He further submits that the prosecutrix resided with the applicant for about two months and she has not supported the prosecution case and has turned hostile. He submits that the applicant is in jail since 19.07.2025, 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. 6. Counsel for the objector as well as the victim were present before the Court and she has raised no objection. 3 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 19.07.2025, the charge sheet has been filed and looking to the fact that the prosecutrix resided with the applicant for about two months and she has not supported the prosecution case and 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. 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 SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.19 10:53:12 +0530