Suraj Korva 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.68/2025, registered at Police Outpost -Wadrafnagar, PS -Basantpur, District - Balrampur-Ramanujganj Chhattisgarh, for commission of offence punishable under Sections 137(2), 64(2)(ड) of the BNS and Sections 5(ठ)/6 of the POCSO Act.

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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 and based upon which, applicant was arrested in the aforementioned crime.

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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. On the date of alleged incident, victim was major and there was love affair between the applicant and victim. Victim was examined before the trial Court, she turned hostile and not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 23.04.2025, conclusion of trial may take some time, hence, applicant may be released on bail.

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Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed forceful sexual intercourse with minor victim (aged about 17 years). Hence, looking to the nature of offence, applicant may not be released on bail.

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Heard learned counsel for the parties.

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Pursuant to order of this Court, victim alongwith parents appeared before this Court by virtual mode from the concerned DLSA and she raised no objection in granting bail to the applicant.

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Considering facts of the case, nature of allegations, submissions of

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learned counsel for the parties, particularly the submission that victim was examined before the trial Court and she has not support the case of prosecution, there was love affair between the applicant and victim, further considering that there is no any other criminal antecedent against the applicant, 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.

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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-

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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.

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b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial.

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Certified copy as per rules.

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Sd/- (Arvind Kumar Verma)

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Judge

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J/-

Suraj Korva v. State of Chhattisgarh

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Suraj Korva v. State of Chhattisgarh

Case brief

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