1 2025:CGHC:13734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1656 of 2025 1 - Tikeshwar Gayakwad S/o Ganesh Gayakwad Aged About 21 Years R/o Village Mohalai, Tahsil And Police Station Bemetara, District Bemetara, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Thankhamariya, District Bemetara, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Amit Kumar Sahu, Advocate For Respondent/State : Ms. Prabha Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/03/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 74/2023 registered at police station Thankhamariya, District Bemetara (CG) for the offence punishable under Sections 363,366 and 376(2) (n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.24 11:32:08 +0530 2 2. Case of the prosecution in brief is that on 22.04.2024, father of the prosecutrix lodged a missing report alleging that his daughter is found missing. It is alleged that on 19.04.2023, the prosecutrix went to hospital and thereafter did not return. During investigation, the police recovered the prosecutrix from the custody of the applicant. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case and there was delay of four days in lodging the report. He submits that the prosecutrix and the applicant were having love affair and she was a consenting party. He submits that the prosecutrix, her father and grandmother were examined and they have not supported the case of prosecution He further submits that the applicant is in jail since 21.12.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Victim appeared through the concerned DLSA and she has raised objection for grant of bail. 6 Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that the prosecutrix and the applicant were having love affair and the applicant is in jail since 21.12.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take 3 sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge