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2025 DAILYLAW 56542 (CHH)

DEEPAK KUMAR CHAUHAN v. STATE OF CHHATTISGARH

MCRC/9140/2025 · 2025-11-23

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:56994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9140 of 2025 1 - Deepak Kumar Chauhan S/o Rakesh Chauhan Aged About 32 Years R/o Ward No. 15, Line Para, Kirodimalnagar, Police Station Kotra Road, Tahsil And District - Raigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - District Magistrate, Police Station - Kotra Road, District - Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Shri Prabhat Kumar Saxena, Advocate For Respondent/State : Ms.Nupur Trivedi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/11/2025 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. 270/2025 registered at police SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.27 11:35:44 +0530 2 station Kotra Road, District Raigarh (CG) for the offence punishable under Sections 137(2), 87 and 64(1) of BNSS and Section 4(1) of the Protection of Children from Sexual Offences Act, 2012. 2. As per the prosecution story.on 23.06.2025, father of the victim lodged a verbal report at police station Kotra Road, District Raigarh alleging that his minor daughter aged about 16 years 5 months and 22 days, had left the house on 22.06.2025 at about11.00 am without informing and thereafter did not return. After searching in the nearby vicinity, when he did not trace her, on the basis of suspicion that some unknown person had enticed or taken away his daughter under false assurance, the report was lodged. After investigation, the prosecutrix was recovered from the custody of the applicant and was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case and there is no material to show that that the applicant had either abducted or enticed the victim and that the entire case is based on suspicion without any cogent evidence directly connecting the applicant with the alleged offences. He further submits that the applicant is in jail since 25.06.2025, 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 3 serious in nature, involving a minor victim and therefore, the applicant does not deserve the discretionary relief of bail at this stage. 5. Victim and her father are present before this Court and they have no objection in granting bail to the applicant. 6. Having heard counsel for the parties and perused the case diary and considering the totality of facts and circumstances of thecase, the age of the applicant, the period of custody undergone and the fact that the investigation has been completed and the charge sheet has been filed, the prosecution case appears to have been set in motion on the basis of suspicion expressed by the father of the victim and 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. 7. 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 4 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