Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58224
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8966 of 2025 • Himanshu Kumar Banjare S/o Arun Kumar Banjare Aged About 19 Years R/o Village- Semariya (Wrongly Menionted As Semriya), Tahsil Pamgarh, District- Janjgir-Champa (Wrongly Mentioned As Chamap) (C.G.)
... Applicant. versus • State Of Chhattisgarh Through Station House Officer, P.S.- Pamgarh, District- Janjgir-Champa (C.G.)
--- Respondent For Applicant : Mr. RL Rajak, Advocate on behalf of Mr. Atul Kesharwani, Advocate. For Respondent/State : Mr. KK Bahrani, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 01/12/2025
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.74/2025, registered at PS -Pamgarh, District- Janjgir-Champa (C.G.), for commission of offence punishable under Sections 137(2), 87, 64, 64(2)(M) of the BNS and Section 04 & 06 of the POCSO Act.
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2. Case of prosecution, in brief, is that present applicant eloped the minor victim (aged about 16 years) on the pretext of marriage and took her to the rented accommodation, where he established physical relationship with her without her consent. 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. On the date of incident, victim was major, there was love affair between the applicant and victim, victim willingly went with him and resided together at rented accommodation from 02.03.2025 to 11.10.2025, she still expressed her desire to continue residing with him. There is no any other criminal antecedent against the applicant. Applicant is in jail since 12.10.2025, 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 alongwith her father was appeared before this Court on 20.11.2025 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
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having love affair with the applicant and she raised no objection in 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/-