Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:11863
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1022 of 2025 1 - Ajeet Kumar Paikara S/o Bajrang Prasad Aged About 18 Years R/o Village Girjapur, Police Station Shankargarh, District Balrampur- Ramanujganj (C.G.)
... Applciant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Shankargarh, District Balrampur-Ramanujganj (C.G.)
... Respondent(s) For Petitioner(s) : Shri Abhishek K.Singh, Advocate For Respondent/State For Respondent/Objector : : Ms. Sunita Sahu, PL Ms. Seema Verma, Advocate (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 10/03/2025 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. 67/2024 registered at police station Shankargarh, District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 363,366,376(2)(n) of IPC and Sections 6 of the Protection of Children from Sexual Offences Act,
2
2012.
2. Prosecution case in brief is that on 05.04.2024, the applicant allured the prosecutrix and took her in his motorcycle to Girjapur village and from there to the forest where he committed rape on the prosecutrix and on the next day ie. 06.04.2024, when he was taking the prosecutrix to Vilage Jaswantpur, the police recovered her from the custody of the applicant. It is alleged that the prosecutrix and the applicant were having love affair and they used to talk in the mobile.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the victim had come in contact with the applicant in a marriage ceremony at the village and they were having love affair and she was a consenting party. He submits that the material witnesses have been examined and there is no previous antecedents against the applicant. He further submits that the applicant is in jail since 09.04.2024, 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 as well as objector, on the other hand, opposed the bail application and submits that the age of the victim is 17 years 7 months.
5. Heard counsel for the parties and perused the record.
6. On due consideration of the rival submissions and the fact that the applicant is in jail since 09.04.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take
3 sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.
7. 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 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
SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.11 14:19:13 +0530