Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:49634
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7820 of 2025 • Jay Vasudev S/o Subhash Vasudev Aged About 20 Years R/o Village Chourega, P.S.-Simga, Distt. Balodabazar-Bhatapara, Chhattisgarh
... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. Simga, Distt. Balodabazar-Bhatapara, Chhattisgarh
... Respondent For Applicant : Mr. Rahul Agrawal, Adv. For Respondent/State : Ms. Pragya Pandey, Dy. G.A.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board 06.10.2025
1. The victim along with her father appeared before this Court today and recorded ‘no objection’ in grating bail to the applicant.
2. The applicant has preferred this 2nd bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 219/2025, registered at Police Station - Simga, District- Balodabazar-Bhatapara (C.G.) for offence punishable under Sections 137(2), 87 & 64 of BNS and Sections 4 & 6 of the POCSO Act, 2012.
3. First bail application filed by the applicant bearing MCRC No. 4418 of 2025 has been rejected by this Court as the trial has not commenced. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.10.07 11:42:42 +0530
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4. The prosecution story, in short, is that on 24.04.2025, the complainant/ father of the victim lodged a missing report of the victim stating that on 22.04.2025 at 04.00 am, his minor daughter (victim), aged 15 years and 03 months, went somewhere from her home without informing anyone. On receiving the information, missing person report was registered. During the investigation, the victim was recovered from the possession of the accused Jai Vasudev on 24.04.2025 and on interrogating the victim, she told that the accused had lured her by promising to marry and abducted her and forcibly had physical relations with her. Based on above, offence has been registered against the applicant.
5.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There was a love affair between the applicant and the victim and she was a consenting party. He further submits that the victim, her mother and her father have examined before the Trial Court and they have turned hostile. The applicant is in jail since 24.04.2025, out of 19 prosecution witnesses, only three have been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail.
6. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail.
7. I have heard learned Counsel appearing for the parties and perused the material available on record.
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8. Considering the facts and circumstances of the case, evidence collected by the prosecution, statements of victim and her parents, further considering that the victim appeared in person before this Court today and recorded no objection in granting bail to the applicant, without commenting on merits of the case, I am inclined to release the applicant on bail.
9. Accordingly, the bail application is Allowed.
10. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.
Sd/- (Sanjay Kumar Jaiswal) Judge Manish