Govind Kumar Nagwanshi Vs State of Chhattisgarh

This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.59/2025, registered at Police Station Khallari, District- Mahasamund (CG) for the offence punishable under Section 64(2)(m) of BNS and Sections 4

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& 6 of POCSO Act.

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As per prosecution case, the complainant has lodged the FIR before the concerned police station stating that the memo was received from the hospital stating that the minor victim is pregnant. When she was confronted, she stated the applicant has established sexual relation with her on the pretext of marriage. She went to her aunt’s home and when she did not got her period, she came back and went to hospital for further checkup. It was known to her that she is four months pregnant. Hence, the FIR was lodged against the applicant. Investigation commenced and after completion of investigation, charge-sheet has been filed and the applicant and he was arrested on 20.07.2025.

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Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that there was love affair between the applicant and the victim and the applicant is in jail since 20.07.2025, and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail.

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Learned State Counsel opposes the submission made by learned counsel for the applicant and would submit that at the time of incident, age of the victim was below 17 years and as per the statements of the victim, the applicant has established physical

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relation with her and mother of the victim has also supported the case of prosecution. He further submits that some other prosecution witnesses are remain to be examined, therefore, the applicant may not be released on bail.

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Despite service of notice upon father of the victim, no one appeared on behalf of the victim/complainant.

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I have heard learned counsel for the parties.

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Considering the facts and circumstances of the case, material available on record and looking to the nature and gravity of the offence, this Court is not inclined to grant bail to the applicant.

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Accordingly, the bail application of the applicant stands rejected.

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Office is directed to send a certified copy of this order to the trial Court concerned for information.

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Sd/-

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(Radhakishan Agrawal) Judge

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Vasant

Govind Kumar Nagwanshi v. State of Chhattisgarh

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Govind Kumar Nagwanshi v. State of Chhattisgarh

Case brief

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What the court decided

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