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2025 DAILYLAW 4821 (CHH)

LAXMIKANT MARAVI v. STATE OF CHHATTISGARH

MCRC/654/2025 · 2025-02-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7395 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 654 of 2025 Laxmikant Maravi S/o Late Jagbharan Maravi Aged About 19 Years R/o Village Sasoli Chhiropara, P.S. Lundra District Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Lundra, District Surguja (C.G.). --- Respondent For Applicant : Mr. NK Sinha, Advocate For Respondent/State : Mr. Karan Bahrani, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/02/2025 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.139/2024, registered at PS - Lundra, District Surguja (C.G.), for commission of offence punishable under Sections 363, 366, 376(2), (n), 376 (3), 313 of the Indian Penal Code and Sections 5(L)/6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that on 14.02.2021 present applicant took the minor victim/prosecutrix in his friend’s house and committed sexual intercourse with her. Thereafter, applicant established physical relationship with her on many occasion on the pretext of marriage, due to which, she got pregnant three times which was terminated by using the 2 tablets. Subsequently, applicant has refused to marry her. Based upon report, FIR was registered and applicant 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 against him. Victim and her mother have examined before the trial Court and have not supported the case of prosecution. There is no any other criminal antecedents against the applicant. Applicant is in jail since 24.05.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, prosecutrix/victim alongwith her guardian appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having no 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 and her mother have turned hostile and have not supported the case of prosecution, 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 3 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 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.