1 2025:CGHC:5535 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 195 of 2025 Aashish Loniya S/o Kapur Loniya Aged About 19 Years R/o Ujiyarpur, Thana- Lalpur Dist.- Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through P.S.- Lalpur, District Mungeli (C.G.). --- Respondent For Applicant : Mr. JK Gupta, Advocate. For Respondent/State : Ms. Priya Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/01/2025 1. 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.212/2024, registered at Police Station - Lalpur, District Mungeli (C.G.), for commission of offence punishable under Sections 137(2) of BNS and Sections 8 & 18 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that on 22.11.2024 a report was made by the father of the victim/girl that the applicant allured the minor girl and took her to the other place and committed sexual intercourse on the pretext of marriage. During course of investigation, victim was recovered and based upon her statement, aforementioned offence/crime was 2 registered against the applicant. 3. Learned counsel for the applicant submits that on the date of incident, the victim/girl was major and able to understand the welfare of her own, she was in affair and she herself went alongwith the applicant and the applicant has not committed any sexual assault. There is delay in lodging of FIR. Applicant is in jail since 22.11.2024, conclusion of trial may take some time, hence, he may be released on bail. 4. Per contra, learned State Counsel opposes the bail application of the applicant. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her mother appeared before this Court and raised no objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, there is no evidence/material which shows that applicant has made any attempt to tamper with the prosecution witnesses, applicant is not having any previous antecedent, period of detention of applicant ie since 22.11.2024, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. 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- 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. b) applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and 3 c) applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.