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2025 DAILYLAW 4910 (CHH)

MANOJ NAYAK v. STATE OF CHHATTISGARH

MCRC/583/2025 · 2025-02-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:9481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 583 of 2025 1 - Manoj Nayak S/o Shri Indradev Nayak Aged About 24 Years R/o Village Janewa, P.S. Bhandiriya, Distt. Garhwa, Jharkhand, (Wrongly Mention Balrampur Ramanujganj) Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh. ... Respondent For Applicant : Mr. Rahul Mishra, Advocate For State /Respondent : Ms. Prabha Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 18/07/2024 in connection with Crime No. 30/2024, registered at Police Station Sanawal, District Balrampur-Ramanujganj, C.G. for the offence punishable under Sections 137 (2), 87, 64 (3)(5) of the B.N.S. and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.04 13:03:48 +0530 2 / 3 2. The case of the prosecution in brief is that on 12/07/2024 when the prosecutrix was returning from Sanawal Market to her house with her friend at that time the present applicant along with one other co-accused namely Dhananjay came and told her that he will perform marriage with the prosecutrix in the Court. Thereafter, the co-accused took the friend of the victim along with him to Ramanujganj by Bus and the present applicant took the prosecutrix to her maternal uncle’s home and there he committed forceful sexual intercourse with the prosecutrix. Thereafter, the prosecutrix was recovered from the possession of the present applicant and the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not committed any wrong with the prosecutrix. He would next contend that no external or internal injuries were found upon the body of the prosecutrix. He would lastly contend that the applicant is in jail since 18/07/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix along with her mother appeared through Video Conferencing from DSLA, Balrampur before this Court and she given her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that the applicant is a married person having two children and the age of the prosecutrix is 13 Years & 06 Months, considering the same and the nature of offence, I am not inclined to release the applicant on bail. 3 / 3 8. Accordingly, the bail application is rejected. However, learned trial Court is directed to expedite the trial. SD/- (Arvind Kumar Verma) JUDGE ashu