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2025:CGHC:10398 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1223 of 2025
Yogesh Manhare S/o Radhelal Manhare Aged About 18 Years R/o Village Harmudi, P.S. Chandnu, District Bemetara, Chhattisgarh. ... Applicant(s) versus State of Chhattisgarh Through Station House Officer, Police Station Chandnu, District Bemetara, Chhattisgarh. --- Respondent For Applicant : Mr. Amit Sahu, Advocate. For State/Respondent : Ms. Sunita Sahu, sPL. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 03/03/2025
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.57/2024, registered at PS - Chandnu, District Bemetara, Chhattisgarh, for commission of offence punishable under Sections 137(2), 64, 64(2)(M), 87 of the BNS and Section 4, 5(I) of the POCSO Act. 2. Case of prosecution, in brief, is that father of prosecutrix/victim lodged missing report before the concerned Police Station, based
upon which, FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded under Section 161 of Cr.P.C and based upon which, applicant was arrested in aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is delay in lodging of FIR, which has not been properly explained by the prosecution. Victim is a major girl, having love affair with the applicant/accused, relationship has been done with her consent. There is no any other criminal antecedents against the applicant. Applicant is in jail since 17.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim, aged about 17 years, 09 months, 06 days, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, prosecutrix/victim appeared before this Court and raised objection in granting bail to the applicant. 7.
Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that there is love affair between the victim and applicant/accused, further considering that age of the applicant ie 18 years only and there is no any
other criminal antecedent against him, 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 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.