Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9595 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 903
of 2025
• Rahul Sahu S/o Chandrashekhar Sahu Aged About 19 Years R/o Ward No. 13 Sahu Para Hirapur Tehsil And P.S. Balod District Balod (C.G.)
... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Balod, District Balod (Chhattisgarh).
--- Respondent
For Applicant : Mr. Prasoon Agrawal, Advocate. For Respondent/State : Ms. Priya Sharma, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 25/02/2025
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.584/2024, registered at PS -Balod, District Balod, (C.G.), for offence punishable under Sections 137(2), 87, 64(2) of the BNS, Section 4, 5(L), 6 of the POCSO Act.
2. Case of the prosecution is that the present applicant has committed forceful sexual intercourse with minor victim on many occasion. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime.
3. Learned counsel for applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged
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against him. FIR was lodged by the complainant, due to previous disputed with the present applicant, however, before the Court below victim and her father have not opposed the prayer in granting bail to the appellant. There is no any other criminal antecedent against the applicant. Applicant is in jail since 18.12.2024, 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. Victim alongwith her guardian appeared before this Court and raised no objection in granting bail to the applicant.
7. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, particularly the submission that before the Court below victim and her father have not opposed the bail application of the appellant, 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 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
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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.