Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:53047
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7749 of 2025 1 - Kishan Chandrakar S/o Suresh Chandrakar Aged About 20 Years R/o Village Kesli Khurd, Police Station, Kunda, District Kabeerdham Chhattisgarh
... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Sirgitti, District Bilaspur Chhattisgarh
... Respondent(s) For Applicant(s) : Shri Sabyasachi Bhaduri, Advocate For Respondent(s) : Shri Vivek Sharma, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 30/10/2025 The applicant has filed this bail application under Section 483 of the BNSS for grant of regular bail as he is in custody in connection with Crime No. 304/2025 registered at police station Sirgitti, District Bilaspur
2 (CG) for the offence punishable under Sections 137(2), 87, 64(2)(e) and 115(2) of BNS and Sections 5 (B) & 6 of the POCSO Act.
2. As per the case set forth by the prosecution, the complainant lodged FIR on 5th June 2025 alleging that an unknown person had allured her niece who is aged about 17 years. It is alleged that the applicant enticed her on the pretext of love affair, eloped with her and developed physical relations. In the said complaint, a criminal case was subsequently registered. Subsequently she was recovered from Village Kesli Khurd on 29.06.2025 from the custody of the applicant.
4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that they were having love affair and she eloped with the applicant, got married at Ratanpur temple and thereafter she resided with the applicant for about one month. He submits that the applicant is in jail since 03.07.2025, 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.
5.
Learned counsel for the respondent/State, on the other hand, has opposed the bail application.
6. Mother of the victim were present before the Court and have raised objection.
7. Heard counsel for the parties and perused the record.
3
8. On due consideration of the rival submissions and the fact that the applicant is in jail since 03.07.2025, the charge sheet has been filed and looking to the fact that the prosecutrix resided with the applicant for about one month and developed physical relations and the report has been lodged only when he refused to marry her 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.
9. 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 shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He 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: 2025.11.01 16:20:09 +0530