1 2025:CGHC:14157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1804 of 2025 1 - Pankaj Ekka S/o Jhunu Ram Ekka Aged About 19 Years R/o Village Budhadand, Karsi, P.S. Pratappur, District- Surajpur, (C.G.). (Wrongly Mentioned In Order Sheet As U.P.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- S.H.O. Police Station- Rajpur, District- Balrampur-Ramanujganj, C.G. ... Respondent(s) For Petitioner(s) : Shri Pushkar Sinha, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/03/2025 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. 357/2024 registered at police station Rajpur, District Balrampur, Ramanujganj (CG) for the offence punishable under Sections 137(2), 87, 65(1), 64(5)(m) of the BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.25 16:22:50 +0530 2 Prosecution case in brief is that on 02.12.2024, there was some quarrel between the prosecutrix and her mother. It is alleged that on account of the said quarrel, she went along with the applicant with whom she was having love affair, to Rajpur and from there they went to Pune. The applicant allured her on the pretext of marriage and thereafter committed sexual assault. On 18.12.2024, she was recovered from the custody of the applicant and thereafter he was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix and the applicant were having love affair and she was a consenting party. He submits that the prosecutrix was aged about 16 years and 7 months and the applicant is aged about 19 years and they had performed marriage in the temple are residing as husband and wife. He further submits that the applicant is in jail since 20.12.2024, 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 and her father appeared through the concerned DLSA and have 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 they performed marriage in the temple and the applicant is in jail since 3 20.12.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take 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