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2025 DAILYLAW 53550 (CHH)

ARUN SAFRE (Wrongly mentioned as Sapre in the order-sheet) v. STATE OF CHHATTISGARH

MCRC/8013/2025 · 2025-11-11

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:55138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8013 of 2025 • Arun Safre (Wrongly Mentioned As Sapre In The Order-Sheet) (Suryavanshi) S/o Ramavtar Safre Aged About 23 Years (Wrongly Mentioned As Sapre In The Order-Sheet), R/o Village- Pandripar Ghutku, Police Station- Koni, District- Bilaspur Chhattisgarh ... Petitioner(s) versus • State Of Chhattisgarh Through Station House Officer, Police Station- Koni, District- Bilaspur Chhattisgarh --- Respondent For Applicant : Mr. Virendra Verma, Advocate For Respondent/State : Mr. KK Bahrani, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/11/2025 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.319/2025, registered at PS -Koni, Distt Bilaspur, Chhattisgarh, for commission of offence punishable under Sections 137(2), 87, 64(2)(m) of the BNS & Section 5(l)/6 of the POCSO Act. 2 2. Case of prosecution, in brief, is that on father of prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded under Section 161 of Cr.P.C, and based upon which, applicant was arrested in the aforementioned crime. 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. On the date of incident, victim was major, she is having love affair with this applicant, she voluntarily went with him and they entered into wedlock. Medical evidence also not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 22.07.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim appeared before this Court by virtual mode from the concerned DLSA and she 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 statement/evidence 3 of victim recorded under Section 183 of BNSS, in which, she admitted the fact of marriage and wish to live with the applicant, further considering that 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. Sd/- (Arvind Kumar Verma) Judge J/-