Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:9922
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 979 of 2025 1 - Lakhu Sinha S/o Mannu Sinha Aged About 23 Years R/o Ganganagar, Khamtarai, District Raipur Chhattisgarh
... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, District Bemetara Chhattisgarh
... Respondent(s) For Petitioner(s) : Shri Bharat Lal Sahu, Advocate For Respondent/State : Ms. Sunita Sahu, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 27/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 357/2024 registered at police station Bemetara, District Bemetara (CG) for the offence punishable under Sections137(2),64(1) of the BNS; Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.01 13:39:12 +0530
2
2. Prosecution case in brief is that missing report was lodged by the father of the prosecutrix alleging that his daughter had eloped with the applicant and developed physical relation with him on the pretext of marriage. During investigation, she was recovered from the custody of the applicant and he was arrested on 11.07.2024.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix and her mother have turned hostile and had not supported the case of prosecution. He further submits that the applicant is in jail since 11.07.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail.
4.
Learned counsel for the respondent/State, on the other hand, has opposed the bail application.
5. Victim and her mother appeared through the concerned DLSA and have raised no objection.
6. Heard counsel for the parties and perused the record.
7. On due consideration of the rival submissions and the fact that the applicant is in jail since 11.07.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.
8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the
3 concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge