Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58401
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8484 of 2025 • Arun Kumar Bargah S/o Shri Dev Kumar Bargah Aged About 20 Years R/o Village- Sasouli Chhiropara, Police Station- Lundra, District : Surguja (Ambikapur), Chhattisgarh.
... Applicant. versus • State Of Chhattisgarh Through The Station House Officer, Police Station- Lundra, District : Surguja (Ambikapur), Chhattisgarh.
--- Respondent For Applicant : Mr. RR Soni, Advocate. For Respondent/State : Ms. Priya Sharma, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 02/12/2025
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.114/2025, registered at PS -Lundra, District : Surguja, (Ambikapur), Chhattisgarh, for commission of offence punishable under Sections 65(1), 64(2)(m) of the BNS and Section 5(j-ii), (L)/6 of the POCSO
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Act.
2. Case of prosecution, in brief, is that on the pretext of marriage, present applicant has established physical relationship with the minor victim on many occasions, due to which, she became pregnant and gave birth to a female child. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime/offence.
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. There was love affair between the applicant and victim. Victim in her evidence has stated that on the date of incident, she was aged about 19 years. There is no any other criminal antecedent against the applicant. Applicant is in jail since 03.06.2025, 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 was appeared before this Court on 24.11.2025 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 fact that victim is having love affair with the applicant and she raised no objection in
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granting bail to 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. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma) Judge J/-