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2024:CGHC:47008
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7740 of 2024
1 - Laxman Bariha Son of Jhanglu Ram Bariha, Aged About 21 Years, Resident of
Village Balar, Chowki Sonakhan, Police Station Kasdol, District Balodabazar-
Bhatapara, Chhattisgarh.
... Applicant
versus
1 - State of Chhattisgarh Through The Station House Officer, Police of Police
Station Rajadevari, District - Balodabazar, Chhattisgarh.
... Non-applicant
For Applicant – Mr. Yogesh Chandra, Advocate.
For State/Non-applicant – Ms. Sunita Sahu, Panel Lawyer.
For Victim/objector – Mr. N. K. Chatterjee, Advocate.
Hon'ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board
29-11-2024
1. Pursuant to the order dated 08-11-2024 the victim along with her mother
appeared in person before this Court and submitted that they have no
objection in granting bail to the applicant. Their submission is taken on
record.
2. Heard on the application filed under Section 483 of the Bhartiya Nagrik
Suraksha Sanhita, 2023. This is first bail application before this Court filed by
the applicant for grant of regular bail. The applicant has been arrested on 11-
10-2024 in connection with Crime No.25/2024 registered at P.S. -Rajadevari,
District – Balodabazar (C.G.) for the offence under Section 363, 366, 376 of
the IPC and Section 6 of the Protection of Children from Sexual Offences Act,
Digitally signed
by MOHAMMAD
AADIL KHAN
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2012 (in short ‘the POCSO Act’).
3. The case of the prosecution is that, on 15-04-2024 father of the prosecutrix
lodged a missing report that his minor daughter is missing since 09-04-2024
and her whereabouts could not be traced out. The police registered offence
under Section 363 of the IPC and started investigation. During the
investigation the prosecutrix was recovered on 10-10-2024 from the house of
the appellant at Village Palari and after recording her statement offence
under Section 366, 376 of the IPC and Section 6 of the POCSO Act have
been added. The applicant has been arrested on 11-10-2024 and charged
sheet has been filed.
4. Learned counsel for the applicant would submit that there is no cogent
evidence with respect to the age of the prosecutrix. She being major girl,
having love affair with the applicant has herself eloped with the applicant and
resided with him at Village Palari. She has not raised any objection and not
made any complaint while residing in Village Palari and the applicant still
wants to marry with the prosecutrix and he is in jail since 11-10-2024.
Therefore, the applicant may be enlarged on bail.
5. On the other hand, learned counsel for the State opposes the present bail
application.
6. Considering the submissions made by learned counsel for the parties,
considering the nature of allegation and the material collected during the
investigation and further considering that the prosecutrix has resided with the
applicant for a considerable period and the applicant is in jail since 11-10-
2024, without commenting anything on merits of the case I am inclined to
release the applicant on bail.
7. Consequently, this application filed by the applicant for grant of regular bail is
hereby allowed. It is directed that the applicant shall be released on bail on
his furnishing a personal bond in the sum of Rs.25,000/- with one surety in
the like sum to the satisfaction of the concerned trial Court, on the following
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conditions :-
(i) He 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/her from disclosing such facts to the Court ;
(ii) He shall not act, in any manner, which will be prejudicial to fair and
expeditious trial; and
(iii) He shall appear before the trial Court on each and every date
given to him by the said Court till disposal of the trial unless his
personal presence is exempted by the trial Court.
Sd/-
(Ravindra Kumar Agrawal)
Judge
Aadil