Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:60384
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9581 of 2025 • Ishwar Chouhan S/o Late Shri Seetaram Chouhan Aged About 22 Years R/o Village- Khuntadarha, Thana And Tahsil- Baradwar, Distt.- Sakti (C.G.)
... Applicant. versus • State Of Chhattisgarh Through Station House Officer Police Station- Dharamjaygarh, Distt.- Raigarh (C.G.)
--- Respondent For Applicant : Mr. Rajendra Patel, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 11/12/2025
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.176/2025, registered at PS -Dharamjaygarh, Distt.- Raigarh (C.G.), for commission of offence punishable under Sections 137(2), 96, 65(1) of the BNS and Section 4 & 6 of the POCSO Act.
2. Case of prosecution, in brief, is that present applicant took the minor victim to his village and, thereafter, established physical relationship
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with her on many occasion on the pretext of marriage, due to which, she became pregnant. Based upon report lodged by victim, FIR was registered and applicant has been arrested in the alleged offence/crime.
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 applicant and victim. Victim examined before the trial Court as PW-1 and she turned hostile. There is no any other criminal antecedent against the applicant. Applicant is in jail since 18.06.2025, 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 alongwith her parents appeared through 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, the fact that there was love affair between applicant and victim, victim turned hostile and has not supported the case of prosecution, further considering that applicant is not having any other criminal antecedent, charge-sheet has already been filed, detention period of applicant, conclusion of trial
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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/-