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2025 DAILYLAW 9469 (CHH)

AMAR SINGH MANJHI v. STATE OF CHHATTISGARH

MCRC/1407/2025 · 2025-03-10

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:11864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1407 of 2025 1 - Amar Singh Manjhi S/o Late Kartikram Manjhi Aged About 19 Years R/o Vill Nuwaguda, P.S. Junagarh, Dist- Kalahandi (Odisha) ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. - Deobhog, Dist- Gariyaband (C.G.) ... Respondent(s) For Applciant(s) : Shri Purnchand, Advocate For Respondent/State : Shri K.K.Bahrani, PL (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. 43/2024 registered at police station Deobhog, District Gariyaband (CG) for the offence punishable under Sections 363,366,376(2)(n),376(3) and 368 IPC and and Sections 4,6,17,18 of the Protection of Children from Sexual Offences Act, 2012. 2 2. Prosecution case in brief is that father of the prosecutrix filed a complaint in police station Deobhog alleging that his daughter was subjected to rape by the present applicant and two others namely Hurdanand Nayak and Jagannath Manjhi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case by the family of the prosecutrix. He submits that the prosecutrix was having love affair with the aplicant and they were residing at Hyderabad from 22/06.2024 to 06.08.2024. He further submits that the applicant is in jail since 08.08.2024, 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 15 years 8 months. 5. Prosecutrix and her father appeared through concerned DLSA and have raised 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 08.08.2024, 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. 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 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: 2025.03.11 14:19:12 +0530