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2025 DAILYLAW 61119 (CHH)

VIRENDRA LAHRE v. STATE OF CHHATTISGARH

MCRC/9434/2025 · 2025-12-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:60389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9434 of 2025 • Virendra Lahre S/o Lachchhiram Aged About 20 Years R/o Village- Gadamor Police Station- Jaijaipur, District- Sakti Chhattisgarh ... Applicant. versus • State Of Chhattisgarh Through Station House Officer, Police Station- Jaijaipur, District- Sakti Chhattisgarh --- Respondent For Applicant : Mr. Kanhaiya Ram Yadav, Advocate For Respondent/State : Ms. Priya Sharma, 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.235/2025, registered at PS -Jaijaipur, District- Sakti Chhattisgarh, for commission of offence punishable under Sections 137(1), 64(2)(d), 87, 351(2) of the BNS, Section 4 & 6 of the POCSO Act & Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2 2. Case of prosecution, in brief, is that complainant (parents of minor prosecutrix/victim) lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered from the possession of co- accused (Deepak Barman) on 30.08.2025. Her statement was recorded under Sections 180 & 183 of the B.N.S.S, in which, she stated that on 28.08.2025 (Deepak Barman and his friend Gorelal Yadav) took her to Shivrinarayan by motorcycle. Present applicant/accused (Virendra Lahare) also was coming to Shivrinarayan behind them with luggage of Deepak Barman and he also give Rs.2000/- to Deepak Barman. Thereafter, Deepak Barman took her to Masturi and established physical relationship with her on the pretext of marriage. Based upon her statement, present applicant has been arrested in this case 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 the victim and co-accused Deepak Barman, victim willingly went with him and resided about 02 days in Masturi. There is no allegation of abduction or forceful intercourse against the applicant. There is no any other criminal antecedent against the applicant. Applicant is in jail since 26.09.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 3 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 before this Court and she raised 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 the victim and co-accused Deepak Barman, allegation of forceful intercourse is against the co-accused not upon the present applicant, further considering the role of present applicant in the alleged crime/offence and the fact that he is not having any other criminal antecedent, 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 4 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/-