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2025 DAILYLAW 7763 (CHH)

GOKUL THAKUR v. STATE OF CHHATTISGARH

MCRC/1100/2025 · 2025-02-28

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:10107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1100 of 2025 1 - Gokul Thakur S/o Late Meghnath Thakur Aged About 20 Years R/o Aklordih, Police Station - Old Bhilai, District Durg (C.G.). ... Applicant versus 1 - State of Chhattisgarh Through Police Station Old Bhilai, District - Durg (C.G.). ... Respondent For Applicant : Mr. Shivam Agrawal, Advocate For State /Respondent : Ms. Laxmin Kashyap, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 11/04/2024 in connection with Crime No.141/2024, registered at Police Station- Old Bhilai, District Durg (C.G.) for the offence punishable under Sections 363, 366, 376 & ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.04 12:43:39 +0530 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.04 12:49:23 +0530 2 Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the father of the victim lodged a report in the Police Station Old Bhilai on 05/04/2024 alleging therein that when he came to home then his wife informed him that their daughter is missing since 11 a.m. Thereafter, search was being made but the whereabouts of the victim could not be traced out. On the basis of the report lodged by the father of the victim the police registered an offence under Section 363 IPC and started investigation and during investigation it was came to the knowledge that the applicant has taken the victim to Surat (Gujarat) via Raipur, Nagpur by train and made sexual intercourse with her. Thereafter the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated as in the medical report no injury was found on the body of the victim and even in the MLC it has been stated that the opinion cannot be given about sexual intercourse. He would next contend that the FSL report is also negative. He would next contend that the victim was not recovered from the possession of the applicant. He would lastly contend that the applicant is in jail since 11/04/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 3 4. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicants. 5. Prosecutrix along with her father appeared through video conferencing from DLSA, Durg and they strongly objected to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant as he has abducted a minor girl who is aged about 13 years, therefore, looking to the seriousness of the crime and the age of the prosecutrix, the applicant is not entitled to be released on bail. 8. Accordingly, the bail application is rejected. SD/- (Arvind Kumar Verma) Judge Ashu