Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:56998
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8732 of 2025 1 - Samir Noniya S/o Laxmi Prasad Noniya, Aged About 22 Years R/o Village- Kharod, Sukulpara, Police Thana- Shivrinarayan, District Janjgir Champa (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Chakarbhata, District Bilaspur (C.G.)
... Respondent(s) For Applicant(s) : Shri Sanjay Kumar Yadav, Advocate For Respondent/State : Shri Vivek Sharma, 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. 221/2025 registered at Police SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.27 11:35:45 +0530
2 Station Chakarbhata, District Bilaspur (CG) for the offence punishable under Sections 137(2), 87, and 64(2)(m) of BNS and Section 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012.
2. Prosecution case in brief is that missing report was lodged by the father of the prosecutrix against unknown person. It is alleged that the prosecutrix eloped with the applicant and went to Nagpur and Delhi where they got married. Based on the said report, offence was registered and during investigation, on 03.06.2025, she was recovered from the custody of the applicant.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was love affair between the applicant and the prosecutrix and she eloped with him to Nagpur and then to Delhi where they performed marriage. He further submits that the applicant is in jail since 07.06.2025, 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 opposed the bail application.
5. Victim and her father appeared through the concerned DLSA and have raised objection.
6. Heard counsel for the parties and perused the record.
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7. On due consideration of the rival submissions and the fact that the victim has turned hostile and has stated that the applicant has not committed any such offence and further that the applicant is in jail since 07.06.2025, the charge sheet has 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