Badal Navrange Vs State of Chhattisgarh

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.102/2024, registered at PS - Dhadhi, District Bemetara (C.G.), for commission of offence punishable under Sections 363, 366, 376, 376(2)(n), 376(3) of IPC and Section 6 of the Protection of Children from Sexual Offences Act.

Case of prosecution, in brief, is that uncle of the minor prosecutrix/victim lodged missing report before the concerned Police Station, based upon which, FIR was registered initially under Section 363 of IPC. During course of investigation, prosecutrix was recovered. Her statement was recorded and based upon which, applicant was arrested in

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aforementioned crime/offence.

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. Applicant and victim become friend through social network (Instagram). On the date of alleged incident, victim herself went with the applicant and visited many places together. No injury was found in the MLC of the victim. There is no any other criminal antecedents against the applicant. Applicant is in jail since 08.06.2024, conclusion of trial may take some time, hence, applicant may be released on bail.

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 12 years and 09 months, hence, he is not entitled for grant of regular bail.

Pursuant to order of this Court, prosecutrix/victim alongwith her guardian appeared before this Court. She submits that she is having objection in granting bail to the applicant.

Considering facts of the case, nature of allegations, submission of learned counsel for the parties, particularly the age of the victim and her statements recorded under Section 161 and 164 of CrPC, I am not inclined to allow this bail application.

Accordingly, bail application is rejected. However, trial Court concerned is directed to expedite the trial as early as possible, if there is no legal impediment.

Certified copy as per rules.

Sd/- (Arvind Kumar Verma) Judge

J.

Badal Navrange v. State of Chhattisgarh