Kamlesh Alias Kamlu Banjara Vs State of Chhattisgarh

This is the second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 05.03.2024 in connection with Crime No. 115/2024, registered at Police Station- Basna, DistrictMahasamund (C.G.) for the offence punishable under Sections 294, 354, 506 of I.P.C. & Section 8 & 10 of Protection of Children from Sexual Offences Act, 2012.

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The first bail application filed by the applicant bearing MCRC No. 3347 of 2024 has been dismissed as withdrawn vide this Court’s order dated 30.07.2024.

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Case of the prosecution in brief is that victim’s grandmother lodged a complaint against the applicant before the police station alleging that on 03.03.2024, the applicant touched, hand, shoulder and chest of the victim who is aged about 12 years and 12 days and also tried to outrage her modesty. On the basis of the complaint, the offence as aforestated has been registered against the applicant.

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In pursuance of direction issued by this Court, the victim’s father was present before this Court on 26.11.2024 through concerned DLSA and

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ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.01.10 18:13:27 +0530

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2

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has submitted that he has no objection in granting bail to the applicant.

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Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question. He would further submit that the victim has examined before the trial Court wherein she has stated that the FIR has been registered after two days of the incident, therefore, the same is after thought story projected by the prosecution. He would further submit that the applicant is in jail since 05.03.2024, the trial is likely to take some time for its final disposal, therefore, the applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application and would submit that there is sufficient material available in the case diary against the applicant regarding commission of offence. He would further submit that the offence is committed by the applicant with the minor girl aged about 12 years which is against the society, hence, the application for grant of bail may be rejected.

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I have heard learned counsel for the parties and perused the case diary with utmost satisfaction.

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Considering the facts and circumstances of the case and also considering that the applicant is in jail since 05.03.2024 and the conclusion of the trial may take some time, therefore, no fruitful purpose would be served in continue detention of the applicant, as such, without further commenting anything on merits of the case, I am of the view that it is a fit case to grant bail to the applicant.

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Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial.

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Certified copy as per rules.

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Sd/(Narendra Kumar Vyas) Judge

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Arun

Kamlesh Alias Kamlu Banjara v. State of Chhattisgarh

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Kamlesh Alias Kamlu Banjara v. State of Chhattisgarh

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