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2025 DAILYLAW 52837 (CHH)

SUKHNATH PAIKRA v. STATE OF CHHATTISGARH

MCRC/8864/2025 · 2025-11-25

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:57583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8864 of 2025 1 - Sukhnath Paikra S/o Vishwanath Paikra Aged About 26 Years R/o Village Amgaon P.S. Shankargarh District Balrampur-Ramanujganj C.G. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Shankargarh, District Balrampur-Ramanujganj C.G. ... Respondent(s) For Applicant(s) : Shri Nishikant Sinha, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 26/11/2025 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. 18/2025 registered at police station Shankargarh, District Balrampur, Ramanujganj (CG) for the offence punishable under Sections 137(2), 87, 64(2)(m), 65(2) and 115(2) of BNS and Sections 5(I), 5 (m)/6 of the Protection of Children from Sexual Offences Act, 2012. 2 2. The prosecution case, as narrated in the FIR and charge sheet is that the victim was in a relationship with the applicant since April 2024. The applicant allegedly allured the prosecutrix on the pretext of marriage and they cohabited as husband and wife for about 5-6 months during which sexual intercourse allegedly took place. Subsequently, the prosecutrix claims to have suffered physical cruelty and left the house of the applicant. She returned to her home but on the applicant’s approach, she left against to stay with her sister-in-law. A missing report was filed, followed by the lodging of the FIR against the applicant. 3. Counsel for the applicant submits that the applicant, denies the commission of the alleged offences and contends that the relationship was consensual and the victim, being an adult woman, had freely entered into it. It is also submitted that the prosecutrix lodged a false report under pressure from her father which she admitted during her statement. He submits that the applicant has no previous criminal antecedents and has been in custody since 10.02.2025, 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. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. On 20.11.2025, father of the victim appeared through the concerned DLSA and has raised objection in granting bail to the applicant. 3 6. Considering the facts and circumstances of the case and in view of the relationship between the parties, the absence of any previous criminal records and that the applicant has remained in custody since 10.02.2025, the charge sheet has already 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. 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 SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.12.05 11:20:21 +0530