Chattisgarh High Court
Balram Kumar Sao vs State Of Chhattisgarh on 9 June, 2025
1
2025:CGHC:22735
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2675 of 2025
1 - Balram Kumar Sao S/o Heeralal Sao Aged About 21 Years R/o Village Singpur,
Near House Of Hemlal Sahu, Giridih, Jharkhand At Present Resident Of Near
Chandani Chowk House Of Mistri Ien P.S. Kotwali, District Sarguja, Chhattisgarh.
... Applicant
Versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur,
District Sarguja, Chhattisgarh.
... Respondent
For Applicant : Ms. Sangeeta Soni, Advocate
For Respondent : Mr. Keshav Prasad Gupta, Advocate
SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
09/06/2025
1. This is the second bail application. The first bail application was
dismissed on merits vide order dated 28.02.2024 in M.Cr.C. No.
687/2024.
2. This bail application is filed by the applicant under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he
has been arrested in connection with Crime No. 518/2023 registered at
Police Station – Ambikapur, District – Sarguja, Chhattisgarh for the
offences punishable under Sections 363, 366, 376 (2) (n), 34 of the
Indian Penal Code, 1860 and under Section 5 (l)/6 of the Protection of
SHUBHAM
DEY Children from Sexual Offences Act, 2012.
Digitally signed
by SHUBHAM
DEY
2
3. Case of prosecution is that, father of the victim lodged missing report in
the concerned police station stating that his daughter is found missing
from the house. Based upon which, initially, the F.I.R. was registered for
the offence under Section 363 of the IPC. During the course of
investigation, victim was recovered from Dhanbad from the possession of
the applicant on 21.08.2023, statement of victim was recorded and
thereafter, the other offences were also added. Applicant was arrested on
22.08.2023.
4. Learned counsel for the applicant submit that applicant is innocent, he
has been falsely implicated in the instant crime, he has not committed
any offence as alleged. She submits that the victim has not supported the
case of prosecution. Applicant is in jail since 22.08.2023, hence, he may
be enlarged on bail.
5. On the other hand, learned State counsel vehemently opposes the
submission made by learned counsel for the applicant and would submit
that there are specific allegations against the applicant of alluring the
minor child aged about less than 15 years for marriage and thereafter,
committing forceful sexual intercourse with her. The victim also stood to
the allegations in her evidence recorded before the learned Trial Court.
6. Pursuant to the notice issued by this Court, victim along with her mother
appeared before this Court through virtual mode from D.L.S.A.
Ambikapur, District – Sarguja and they submit that they are having no
objection in grant of bail to the applicant.
7. I have heard learned counsel for the respective parties.
8. Taking into consideration, facts and circumstances of the case, nature of
allegations, submission of learned counsel for the respective parties,
documents enclosed along with the bail application, I do not find present
to be a fit case to allow the application for grant of bail.
3
9. Accordingly, the application for grant of bail is dismissed. However,
considering the submission of the counsel for the applicant that the
applicant is in jail since 22.08.2023, learned Trial Court is directed
to expedite the trial.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Judge
Dey
[ad_1]
Source link