Vinay Kumar Yadav vs State Of Chhattisgarh on 6 March, 2025

Chattisgarh High Court

Vinay Kumar Yadav vs State Of Chhattisgarh on 6 March, 2025

                                       1




                                                             2025:CGHC:11167
                                                                          NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR

                             MCRC No. 522 of 2025


     Vinay Kumar Yadav S/o Shri Ramkumar Aged About 24 Years R/o
     Village- Khokhari, Police Station- Shivarinarayan, District- Janjgir-
     Champa (Chhattisgarh)
                                                        ... Applicant(s)

                                       versus

     State of Chhattisgarh Through The Station House Officer, Police Chauki-
     Dasarangpur,     Police   Station-   Pipariya,  District-    Kabirdham
     (Chhattisgarh).
                                                           --- Respondents

For Applicant : Mr. Paras Mani Shriwas, Advocate.
For Respondent/State : Ms. Laxmin Kashyap, PL.

Hon’ble Shri Justice Arvind Kumar Verma
Order on Board
06/03/2025

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.206/2024, registered at PS –

Pipariya, District- Kabirdham (Chhattisgarh), for commission of offence

punishable under Sections 363, 366, 376(2)(n) of IPC and Section 4 & 6

of the POCSO Act.

2. Case of prosecution, in brief, is that father of prosecutrix/victim lodged

missing report to 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,
2

and based upon which, applicant was arrested in the 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. From the statements of victim recorded under Sections 161

& 164 of CrPC, it is reflecting that she had lover affair with the

applicant/accused and on the date of alleged incident, she herself went

with the applicant and visited various places. As per medical report, no

internal or external injury has been found on the body of the victim,

though there is allegation against the applicant of committing forceful

sexual intercourse with victim. There is no any other criminal antecedent

against the applicant. Applicant is in jail since 22.06.2024, conclusion of

trial may take some time, hence, applicant may be released on bail.

4. Per contra, learned State Counsel opposes the bail application of the

applicant and submits that there is specific allegation against the

applicant of committing the aforementioned offence/crime with minor

victim aged about 16 years and 02 months, hence, he is not entitled for

grant of bail.

5. Heard learned counsel for the parties.

6. Victim alongwith her guardian, appeared before this Court through virtual

mode from the concerned DLSA and raised any objection in granting bail

to the applicant.

7. Considering facts of the case, nature of allegations, submission of

learned counsel for the applicant that victim herself went with the

applicant and visited various places with him, particularly statements of

victim recorded under Sections 161 & 164 of Cr.PC, further considering

that there is no any other criminal antecedent against the applicant,
3

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.

CC as per rules.

Sd/-

(Arvind Kumar Verma)
Judge
J/-