Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7405
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 712 of 2025 1 - Manoj Kumar S/o Surender Yadav Aged About 26 Years R/o Jhopadpatti, Kundan Guest House, L.I.C. Colony P.S. Garj House District Prayagraj (Up) (Wrongly Mentioned As Orissa In Annexure A-1)
... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Chhura District Gariyaband (C.G.)
... Respondent(s) For Applicant : Shri C.R.Sahu, Advocte For Respondent(s) : Shri Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 10/02/2025 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. 77/2022 registered at police station Chhura Garioyaband (CG) for the offence punishable under Sections 363,366 and 376(3) (2)(n) IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.13 12:04:39 +0530
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2. Prosecution case in brief is that report was lodged by the complainant against unknown person that her daughter is missing from her lawful guardianship. During investigation, the prosecutrix was recovered from the custody of the applicant and he was arrested.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was aged about 16 years, nine months and was having love affair with the applicant, she visited several places and was recovered from the custody of the applicant at UP. He submits that the applicant is in jail since 23.06.2022, 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.
6. Victim and her mother appeared through the concerned DLSA and have raised objection.
7. Heard counsel for the parties and perused the record.
8. On due consideration of the rival submissions and the fact that the applicant is in jail since 22.06.2022, the charge sheet has been filed and looking to the fact that the prosecutrix visited several places with the applicant and had gone to UP and 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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9. 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 shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He 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