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2025 DAILYLAW 50489 (CHH)

ROHIT SOLANKI v. STATE OF CHHATTISGARH

MCRC/5873/2025 · 2025-08-10

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:40287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5873 of 2025 1 - Rohit Solanki S/o Shri Raju Solanki, Aged About 21 Years, R/o Churari, Post - Hansari, Police Station - Chanderi, District Ashok Nagar, Madhya Pradesh. ... Applicant versus 1 - State Of Chhattisgarh Through - Police Station - Gurur, District - Balod (C.G.). ... Respondent For Applicant : Mr. Rakesh Kumar, Advocate. For State/Respondent : Ms. Pragya Shrivastava, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 83/2025 registered at Police Station -Gurur, District Balod (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(M) of the BNS, 2023 and Section 4, 6 of POCSO Act, 2012 and Section 3(2)(v) of the SC & ST (prevention of atrocities), Act, 1989. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.12 10:17:01 +0530 2 2. The prosecution's case, in short, is that the applicant allegedly abducted the victim without the consent of her lawful guardians and established a physical relationship with her from 12.05.2025, to 24.05.2025. On report being made in this regard, an offence was registered against the applicant, leading to his arrest. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. It is further submitted that the victim has voluntarily accompanied the applicant and she was a consenting party, therefore, no offence is made out against the appellant. The victim has been examined and turned hostile, raising no objection in granting bail to the applicant before the trial court. The applicant has no criminal antecedents and has been in jail since 28.05.2025 and the trial is likely to take considerable time to conclude. Therefore, the counsel prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of incident, the victim was minor and the applicant abducted the victim and forcibly committed sexual intercourse with her on false pretext of marriage and during investigation, the victim was recovered from the possession of present applicant. Out of 23 witnesses only victim has been examined, therefore, at this stage, he may not be enlarged on bail. 5. Today, victim along with her father appeared virtually from the concerned DLSA and raised her no objection in granting bail to 3 the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account the the victim has been examined and turned hostile and today she appeared virtually and raised no objection in granting bail to the applicant, the applicant is in jail since 28.05.2025, out of of 23 witnesses only victim has been examined and the trial is likely to take considerable time to conclude, therefore, without commenting on the merits of the case, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.