1 2025:CGHC:15804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2094 of 2025 1 - Shivpad Mandal S/o Late Rajendra Mandal Aged About 70 Years R/o P.V.- 129, Govindpur, P.S.- Pakhanjur, Distt.- North Bastar Kanker (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Station House OfÏcer, P.S.- Pakhanjur, Distt.- North Bastar Kanker (C.G.). ... Non-Applicant For Applicant : Mr. Rakesh Thakur, Advocate For Res./State : Mr. Pranjal Shukla, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03.04.2025 1. pursuant to the order dated 18.03.2025, the victim alongwith her mother appeared through virtual mode from DLSA Kanker and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2 3. The applicant was arrested on 18.01.2024 in connection with Crime No. 07/2024 registered at PS- Pakhanjur, District- North Bastar kanker, Chhattisgarh for the offence punishable under Sections 354, 376, 376 A B, 376(2)(n), 506 of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act, 2012). 4. Case of the prosecution in brief is that on 17.01.2024, father of the victim lodged a written report that on 14.01.2024 the applicant has committed rape upon his minor daughter. The FIR has been registered against the applicant for the offence under Sections 354, 376, 376 A B, 376(2)(n) and 506 of IPC and Sections 4 & 6 of POCSO Act, 2012 in which the applicant has been arrested on 18.01.2024 and sent in jail. After investigation, charge-sheet has been filed and the learned Trial Court has framed charge under Sections 354, 376, 376 A B, 376(2)(n) and 506 part II of IPC and Sections 4 & 8 of POCSO Act, 2012 5. Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime in question. He would further submit that the applicant is aged about 70 years and he is in jail since 18.01.2024 i.e. more than one year and till now only two witnesses have been examined. No injuries have been found on the body of the victim and it is only due to misunderstanding, the report has been lodged by the father of the victim. He would lastly submit that charge-sheet has been filed and conclusion of trial will take some time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the bail application, and would submit that the minor girl has been subject to sexual intercourse by the applicant. Hence applicant is not entitled for bail. 7. Heard learned counsel for the parties and perused the material annexed with the bail application. 3 8. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, particularly considering the age of the applicant i.e. 70 years and he is in jail since 18.01.2024 further considering that till date only two witnesses have been examined, in view of the peculiar facts of the case, on the ground of his age and detention period and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 9. Accordingly, the bail application filed by the applicant- Shivpad Mandal is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the 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 facts to the Court or to any Police OfÏcer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to them by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.04.07 16:01:00 +0530