Vikki Kumar Singh Vs State of Chhattisgarh

... Respondent For Applicant : Mr. Jitendra Shukla, Advocate For State /Respondent : Ms. Priya Sharma, PL For Complainant : Mr. Shrikant Kaushik, Advocate

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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24/02/2025

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This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 01/10/2024 in connection with Crime No. 221/2024, registered at Police Station Vishrampur, District Surajpur, C.G. for the offence punishable under Sections 376, 376 (2) (N) of IPC and Sections 5 & 6 of the Protection of Children from Sexual Offences Act, 2012.

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The case of the prosecution in brief is that the present applicant on the pretext of marriage has committed sexual intercourse with the

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Digitally signed byASHUTOSH ASHUTOSH MISHRA MISHRA Date: 2025.02.25 16:36:10 +0530

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prosecutrix. Thereafter, the applicant refused to perform marriage. A report was lodged against the present applicant and during investigation he was arrested.

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Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not committed any offence as alleged against him. He would next contend that the prosecutrix and her mother have been examined before the trial Court and they have not supported the case of the prosecution and they have turned hostile. He would lastly contend that the applicant is in jail since 01/10/2024, therefore, he may be enlarged on bail.

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Per contra, learned State counsel and learned counsel for the complainant oppose the prayer for grant of bail.

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The prosecutrix along with her mother appeared in person before this Court and she recorded her no objection with regard to grant of bail to the applicant.

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I have heard learned counsel for the parties and perused the documents.

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I have perused the statement of the prosecutrix and her mother which shows that the prosecutrix has not leveled any allegation against the applicant. Considering the statement of the prosecutrix and also taking into consideration the fact that the applicant is in jail since 01/10/2024 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

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Let applicant Vikki Kumar Singh, involved in Crime No.221/2024, under Sections 376, 376 (2) (N) of IPC and Sections 5 & 6 of the Protection of Children from Sexual Offences Act, 2012, police station Vishrampur,

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District Surajpur, C.G., be released on bail on his furnishing a personal bond with two sureties each in like amount to the satisfaction of the Court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) the applicant shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS, 2023 is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 2023.

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(iv) The applicant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under

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Section 351 of BNSS 2023. If in the opinion of the trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

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Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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SD/-

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(Arvind Kumar Verma) JUDGE

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ashu

Vikki Kumar Singh v. State of Chhattisgarh

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Vikki Kumar Singh v. State of Chhattisgarh

Case brief

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