Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9919
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 839 of 2025 1 - Radhe @ Radheshyam S/o Late Jairam Yadav Aged About 55 Years R/o Kosarangi, Ward No- 12, Police Station Kharora, Raipur (C.G.)
...Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Kharora, District - District- Raipur (C.G.)
... Respondent(s) For Applicant(s) : Shri Shivam Agrawal, Advocate For Respondent/State : Shri Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 27/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 753/2024 registered at police station Kharora, District Raipur (CG) for the offence punishable under Section 74 of the BNS and Sections 8 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.01 13:39:17 +0530
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2. Prosecution case in brief is that on 3.11.2024, report was lodged by the father of the victim alleging that the applicant had made an attempt to outrage her modesty by using obscene words with his minor daughter aged about 13 years.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the victim and her father have turned hostile and did not support the case of prosecution. He further submits that the applicant is in jail since 10.11.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail.
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Learned counsel for the respondent/State, on the other hand, has opposed the bail application.
5. Notice has been duly served upon the grandmother of the victim but none appeared. Shri Anil Pandey, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim.
6. Heard counsel for the parties and perused the record.
7. On due consideration of the rival submissions and the fact that the applicant is in jail since 10.11.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.
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8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge