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2025 DAILYLAW 56499 (CHH)

BHAWANI BARMAN v. STATE OF CHHATTISGARH

MCRC/9187/2025 · 2025-11-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:57270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9187 of 2025 1 - Bhawani Barman S/o Shri Anjor Das Barman Aged About 25 Years R/o Amlideeh, Police Station And Tahsil- Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station- Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent(s) For Applicant(s) : Shri Rishi Sahu, Advocate For Respondent/State : Shri Vivek Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 25/11/2025 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. 454/2025 registered at police station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (CG) for SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.28 11:09:35 +0530 2 the offence punishable under Sections 137(2),64 (2)(>)(´) of BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The brief facts of the prosecution case are that on 27.09.2025, at about 18.44 hrs. father of the complainant lodged a written complaint at police station Khairagarh alleging that his minor daughter aged about 16 years, 4 months and 21 days had gone missing without informing since 25.09.2025. During investigation, she was recovered from the custody of the applicant. On the basis of the said complaint, applicant was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix voluntarily accompanied the applicant, negating any offence under the POCSO Act. He emphasized that the applicant has no criminal antecedents and that the allegations are not supported by material evidence warranting his custody at this stage. He further submits that the applicant is a young man aged about 25 years and has no previous criminal antecedents,he is in custody since 01.10.2025, 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 and submits that the offences alleged are serious in nature hence, the application deserves to be rejected. 3 5. Victim and her father appeared through the concerned DLSA and they have no objection in granting bail to the applicant. 6. Having considered the rival submissions and the case diary, this Court notes that she had accompanied the applicant voluntarily and the applicant has remained in custody since 01.10.2025, 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