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2025 DAILYLAW 51906 (CHH)

MANESH KUMAR v. STATE OF CHHATTISGARH

MCRC/9795/2025 · 2025-12-16

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:61724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9795 of 2025 • Manesh Kumar S/o Devichand Banjare Aged About 21 Years R/o Khursul, P.S. Arjunda, District Balod, C.G. ... Applicant. versus • State Of Chhattisgarh Through Police Station Doundi, District Balod, C.G. --- Respondent For Applicant : Mr. BP Singh, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/12/2025 1. 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.99/2025, registered at PS -Doundi, District Balod, C.G, for commission of offence punishable under Sections 137(2), 87, 64(2)(m)/65(1) of BNS and Sections 5(L) and 6 of the POCSO Act. 2. Case of prosecution, in brief, is that the applicant has abducted the minor victim girl from her lawful guardian and, thereafter, committed sexual intercourse with her on pretext of marriage. Based upon 2 report, FIR was registered and applicant has been arrested in aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim was examined before the trial Court as PW-1, she has not made any allegation against the appellant and turned hostile. There is no any other criminal antecedent against the applicant. Applicant is in jail since 06.08.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel oVictim was examined before the trial Court as PW-1, she turned hostile and not supported the case of prosecution. pposing the bail application of the applicant and submits that applicant has committed forceful sexual intercourse with minor victim (aged about 14 years & 10 months). Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim is appeared by virtual mode from the concerned DLSA and raised no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that victim was examined before the trial Court as PW-1, she turned hostile and not supported the case of prosecution, further considering that victim 3 has raised no objection in granting bail to the applicant, there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-