1 2025:CGHC:19140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2185 of 2025 1 - Tikam Chand Bharti @ Bablu Bharti S/o Nameshwar Bharti Aged About 21 Years Occupation- Driver, R/o Village- Akolikhurd, Police Station- Aarang, District- Raipur (C.G.) Currently Reside At Satnamipara, Ravabhatha, Police Station- Khamtarai, District- Raipur (C.G.) 2 - Nameshwar Bharti S/o Surajlal Bharti Aged About 39 Years Occ.- Farmer, R/o Village- Akolikhurd, Police Station- Aarang, District- Raipur (C.G.) Currently Reside At Satnamipara, Ravabhatha, Police Station- Khamtarai, District- Raipur (C.G.) ... applicants versus 1 - State Of Chhattisgarh Through- Police Station Khamtarai District Raipur (C.G.) ... Respondent(s) For applicant : Mr. Diwesh Kumar, Advocate For Respondent(s) : Ms. Vaishali Mahilong, P.L. S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 28.04.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 01.12.2024 & 02.12.2024 respectively in connection with Crime 2 No. 1013/2023 registered at P.S. Khamtarai, District- Raipur (CG) for the offence under Sections 363, 366, 368, 376 (2)(n), 376 (3) of IPC and Section 4 (2) & 6 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) against the applicant No. 1 and under Sections 4/17, 6/17 and 21(1) of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) against the applicant No. 2. 2. After arguing for some time, learned counsel appearing for the applicants, is not pressing the bail applications on behalf of the applicant No. 1 Tikam Chand Bharti and only pressing the bail application on behalf of the applicant No. 2 Nameshwar Bharti. 3. The case of the prosecution is that on 29.12.2023, the mother of the victim lodged a missing report that hes minor daughter is missing and her whereabout could not be traced out . The FIR has been registered for the offence under Section 363 of IPC and during investigation, the victim was recovered on 01.12.2024 from the possession of the applicant No. 1 who were residing in the house of applicant No. 2 Nameshwar Bharti. The applicant No. 2 Nameshwar Bharti is the father of the applicant No. 1. After recording statement of the victim, the offences of Section 366, 368, 376 (2)(n) of IPC and Section 6/17 of POCSO Act have been added and the applicant No. 2 is arrested on 02.12.2024 and charge sheet has been filed. 4. Learned counsel for the applicant No. 2 would submit that the applicant No. 2 is the father of the applicant No. 1 and allegation against him is only that he has given shelter to the applicant No. 1 and victim. He would also submit that being a father he could not thrown them out and permitted them to reside in his house. The applicant No. 2 is in jail since 02.12.2024 and final 3 adjudication of the case will take its own time, therefore the applicant No. 2 Nameshwar Bharti may be released on bail. 5. On the other hand, learned counsel for the State opposes. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, particularly the role of the present applicant No. 2 Nameshwar Bharti and further considering that he is in jail since 2024, I am inclined to release the applicant No. 2 on bail. 7. Consequently, this application filed by the applicant No. 2 under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby allowed. 8. It is directed that the applicant No. 2 Nameshwar Bharti shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) He 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. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.02 17:58:34 +0530