Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58226
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8950 of 2025 • Manas Sinha S/o Shri Puneshwar Sinha Aged About 23 Years R/o Village Kesara Sheetla Para, Police Station Ranitarai District- Durg (C.G.)
... Applicant. versus • State Of Chhattisgarh Through Station House Officer, Police Station Ranitarai District- Durg (C.G.)
--- Respondent For Applicant : Mr. Mahesh Kumar Mishra, Advocate For Respondent/State : Ms. Priya Sharma, 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.74/2024, registered at PS - Ranitarai District- Durg (C.G.), for commission of offence punishable under Sections 363, 366(A), 376(2)(n) of IPC and Section 4 & 6 of the POCSO Act.
2. Case of prosecution, in brief, is that present applicant has abducted the minor victim and performed marriage with her by putting Sindoor and, thereafter, took her to his house and committed forceful sexual
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intercourse with her. Based upon report, FIR was registered and applicant has been arrested on 28.06.2024 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 alleged incident, victim was major, there was love affair between the applicant and victim and they used to talk each other through mobile phone. Victim and victim herself went with him without raising any alarm. Though there is allegation of forceful sexual intercourse against the applicant, but as per medical report, there is no any sigh or injuries found on the body of the victim. There is no any other criminal antecedent against the applicant, conclusion of trial may take some time, hence, looking to the detention period of applicant, he may be released on bail.
4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed the alleged offence/crime with minor victim (aged about 15 years), hence, he may not be released on bail.
5. Heard learned counsel for the parties.
6. On the last date of hearing, Mr. Amit Nayak, Advocate appears on behalf of the victim and raised objection in granting bail to the applicant.
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7. Considering facts of the case, nature of allegations, submissions of
learned counsel for the parties, particularly the submission that there was love affair between the applicant and victim, they used to talk each other through mobile phone, further that medical evidence has not supported the case of prosecution though there is allegation of forceful sexual intercourse against 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/-