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2025 DAILYLAW 7425 (CHH)

AMAN KUMAR BUNDELKHANDI v. STATE OF CHHATTISGARH

MCRC/977/2025 · 2025-02-27

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:9921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 977 of 2025 1 - Aman Kumar Bundelkhandi S/o Rajesh Bundelkhandi Aged About 21 Years R/o Village Korwa Colony, Mahuwapara Rajpur, Post Rajpur, Tahsil Rajpur, Police Station Rajpur, District- Balrampur - Ramanujganj (C.G) (Complete Address Mentioned As Provided By The Brother In Law Of Applicant) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station - Gandhinagar District - Surguja (C.G.) ... Respondent(s) For Applicant(s) : Shri Rohitashva Singh, Advocate For Respondent/State : Shri Vivek Sharma, 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. 342/2024 registered at police station Gandhinagar, District Surguja (CG) for the offence punishable under Sections 363,376(2)(n) and 376(3) of the IPC and Section 6 of 2 the Protection of Children from Sexual Offences Act, 2012. 2. Prosecution case in brief is that that the applicant allured her from lawful guardianship to Gujarat and thereafter committed sexual intercourse on the pretext of marriage and she became pregnant. During investigation, she was recovered from the custody of the applicant and he was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix eloped with the applicant of her own and that she was a consenting party. He further submits that the applicant is in jail since 15.01.2025, 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 appeared through the concerned DLSA and has 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 15.01.2025, 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 SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.04 10:48:27 +0530