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2025 DAILYLAW 48308 (CHH)

VISHAL BANJARE v. STATE OF CHHATTISGARH

MCRC/8269/2025 · 2025-11-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:55680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8269 of 2025 • Vishal Banjare S/o Ratram Banjare Aged About 24 Years R/o Gadumariya Satnami Para P.S. Jutmil , Tah- And District- Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Thana In-Charge, P.S. Women Police, District- Raigarh, (C.G.) --- Respondent For Applicant : Mr. Rajendra Tripathi, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/11/2025 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.25/2025, registered at PS -Mahila Thana, District- Raigarh, (C.G.), for commission of offence punishable under Section 6 of the POCSO Act. 2 2. Case of prosecution, in brief, is that on 16.08.2025 the complainant namely Om Prakash Chauhan (ward boy of Kirodimal Government District Hospital, Raigarh) has lodged complaint (through Hospital memo which was given by Dr. Ramashankar Patel) that the victim has hospitalized for treatment of delivery of a Baby, she is aged about 17 years 6 months and was found sexually harassment. Based upon report, applicant has been arrested in the 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. On the date of incident, victim was major, she is having love affair with the applicant and also performed marriage with him. Victim examined before the trial Court as PW-1 and she has not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 18.08.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of applicant. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith parents appeared before this Court by virtual mode from the concerned DLSA and she raised no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that victim is 3 having love affair with the applicant and she also performed marriage with him, victim examined before the trial Court and she has not supported the case of prosecution, 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 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. Sd/- (Arvind Kumar Verma) Judge J/-