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2025 DAILYLAW 61469 (CHH)

CHANDRA BHUSHAN RATHIYA @ CHANDU v. STATE OF CHHATTISGARH

MCRC/9217/2025 · 2025-12-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:60391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9217 of 2025 • Chandra Bhushan Rathiya @ Chandu S/o Shivnandan Rathiya Aged About 19 Years R/o Village Dhudungjor P S Patthalgaon, District Jashpur (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Officer-In Charge Police Station Gharghoda, District Raigarh (C.G.) --- Respondent For Applicant : Mr. Ashutosh Misrha, Advocate For Respondent/State : Mr. Vivek 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.06/2025, registered at PS -Gharghoda, District Raigarh (C.G.), for commission of offence punishable under Section 376(2)(N) of IPC and Section 6 of the POCSO Act. 2. Case of prosecution, in brief, is that on the pretext of marriage, the applicant has committed sexual intercourse with minor victim (aged 2 about 16-17 years), due to which, she got pregnant and, thereafter, applicant refused to marry her. 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 alleged incident, victim was major and there was love affair between the applicant and victim. There is no any other criminal antecedent against the applicant. Applicant is in jail since 09.01.2025, 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 is appeared before this Court 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, the fact that there was love affair between the applicant and victim 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 3 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/-