Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54125
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6351 of 2025 Dinesh Kumar Kenwat S/o Shri Sariram Kenwat Aged About 20 Years R/o Village- Khokhari, Thana- Shivrinarayan, Distt- Janjgir-Champa (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kasdol, Distt- Balodabazar-Bhatapara (C.G.)
... Respondent {Cause title, as taken from Case Information System} For Applicant : Mr. Sunil Sahu, Advocate. For Respondent : Mrs. Mukta Tripathi, Panel Lawyer. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi}
Order on Board 06/11/2025
1. The accused/applicant has preferred this First bail application under Section 483 of the Bhartiya Nagarik Suruksha Sanhita, 2023 for releasing him on regular bail in connection with Crime No. 500/2023 registered at Police Station Kasdol, Distt. Balodabazar-Bhatapara (C.G.) for commission of offence punishable under Sections 376, 506-II IPC /64 (2)(m), 351 (3) of BNS, 2023 and Section 6 of Protection of Children’s from Sexual Offences Act,
2012.
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2.
Facts of the case, in brief, are that on pretext of marriage, applicant sexually exploited the victim from her age of minority and even after attaining her age of majority i.e. for about two years. Subsequently, applicant refused to marry her, therefore, report was lodged. Based on written complaint filed by the victim herself on 15.09.2023, present FIR was registered at Police Station Kasdol, District Baloda Bazar against the applicant for the offences under Sections 376 & 506 of the IPC and Section 6 of the POCSO Act and he was arrested on 08.07.2025.
3.
Learned counsel appearing for the applicant submits that as per case of the prosecution itself, on the date of first incident, victim was on the verge of majority. The FIR was lodge after an inordinate delay of 5 months even from the date of last incident. He further submits that applicant, who is young boy of 20 years, is languishing in jail since 8.7.2025; charge-sheet has already been filed. Applicant is permanent resident of District Janjgir Chama, hence, there is no chance of his absconding. It is next contended that Medical report and FSL report are also not supported the case of the prosecution and conclusion of trial is likely to take considerable time, therefore, the applicant may be released on bail.
4. On 17.10.2025, victim appeared alongwith her elder mother (cM+h ekWa) through Video Conferencing from DLSA, Baloda Bazar, District Baloda Bazar. They raised strong objection in granting bail to the applicant.
5. Per contra, learned counsel for the State would oppose the bail application filed by the applicant. However, on being enquired, he stated that as per case dairy, no criminal antecedents have been reported against the applicant.
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6. I have heard learned counsel for the parties; perused the case diary and the material placed on record
7. As per case diary, victim and applicant were in relation for about two years. Age of victim was more than 17 years even on the date of first incident; charge-sheet has already been filed; the applicant is in detention since 8.7.2015 and conclusion of the trial is likely to take long time. Hence, considering the totality of the facts, I am inclined to allow the bail application filed by the applicant. Accordingly, the bail application is allowed.
8. Accused/applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned court, with the following terms and conditions. (i) that the accused/applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required. (ii) that the accused/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/her from disclosing such
facts to the Court or to any police officer; (iii) that the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the 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/-
(Naresh Kumar Chandravanshi) Judge Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.11.07 17:53:57 +0530