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2025 DAILYLAW 5018 (CHH)

GOVIND @ GOPI KOMRA v. STATE OF CHHATTISGARH

MCRC/812/2025 · 2025-02-25

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:9593 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 812 of 2025 • Govind @ Gopi Komra S/o Late Kachori Ram Komra Aged About 22 Years Resident Of Village Matiyakhar, Bhaisasur, Police Station, Siksod, District North Bastar Kanker Chhattisgarh ... Applicant(s) versus • State Of Chhattisgarh Through Station House Officer, Police Station Ravghat, District North Bastar Kanker (Chhattisgarh). --- Respondent For Applicant : Mr. Amit Sahu, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 1. Victim is not appeared before this Court, though notice has been duly served, hence, Ms. Sweksha Sharma, Advocate appointed as Amicus Curiae to assist the Court on behalf of the victim/complainant. 2. 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.01/2024, registered at PS -Ravghat, District North Bastar Kanker (Chhattisgarh), for offence punishable under Sections 376, 376(2)(n), 376(3), 450 of IPC, Section 4 & 6 of the POCSO Act. 3. Case of the prosecution is that on 09.02.2024, present applicant entered into the house of minor victim and, thereafter, committed forceful sexual intercourse with her on the pretext of marriage, due to which, she got 2 pregnant. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime. 4. Learned counsel for applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is delay in lodging of FIR and further victim was examined before the trial Court and has not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 14.02.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 5. Per contra, learned State Counsel as well as learned Amicus Curiae opposing the bail application of applicant and would submit that present applicant committed forceful sexual intercourse with minor victim (aged about 14 years, 03 months) on the pretext of marriage and when she got pregnant denied to marry her. Hence, he is not entitled for grant of bail. 6. Heard learned counsel for the parties. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, particularly the submission that present applicant has committed forceful sexual intercourse with minor victim on the pretext of marriage and when she got pregnant he denied to marry her, I am not inclined to allow this bail application. 8. Accordingly, bail application is rejected. However, trial Court concerned is directed to expedite the trial as early as possible. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.