-1- 2025:CGHC:17772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2286 of 2025 1 - Nandlal Badi S/o Late Ranglal Badi, Aged About 40 Years, R/o Village- Pottajhorki, Thana- Janakpur, Tahsil- Bharatpur, Distt.- M.C.B., Chhattisgarh 2 - Gayatri Bai W/o Nandlal Badi, Aged About 35 Years, R/o Village- Pottajhorki, Thana- Janakpur, Tahsil- Bharatpur, Distt.- M.C.B., Chhattisgarh ... Applicants versus 1 - The State of Chhattisgarh Through Police Station- Janakpur, Distt.- M.C.B., Chhattisgarh ----Non-applicant (Cause-title taken from Case Information System) For Applicants – Mr. Parag Kotecha, Advocate. For Non-applicant/State – Ms. Sunita Sahu, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17-04-2025 1. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 15-12- 2024 in connection with Crime No.234/2024 registered at P.S. - Janakpur, District - M.C.B., Chhattisgarh, for the offence under Section 363, 366/34 109, 376(2)(n), 368 of the IPC and Section 4, 6, 17 and 21 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 2. The case of prosecution is that, on 07-12-2024 father of the victim lodged a report against the co-accused who is a juvenile in conflict with law that he sexually exploited his minor daughter from 25-04-2024 to 31-10-2024. The police registered offence under Section 363, 366/34, 109, 376(2)(n), 368 of the Digitally signed by MOHAMMAD AADIL KHAN -2- IPC and Section 4, 6, 17 and 21 of POCSO Act. During investigation statement of the victim was recorded and the present applicants, who are parents of the co-accused who is a juvenile in conflict with law, have also been arrested on 15- 12-2024 and after completion of investigation charge sheet was filed. 3. Learned counsel for the applicants would submit that the present applicants are parents of the main accused who is a juvenile in conflict with law against whom the allegation of rape has been leveled by the victim. The only allegation against the present applicants are that they facilitated in stay of the victim and their son together in their house. He would further submit that the victim has not raised any allegation that these applicants committed any offence. The applicants are in jail since 15-12-2024. The main accused who is a juvenile in conflict with law has already been released on bail by the learned Children Court. Final adjudication of the case will take its own time. Therefore, the applicants may be enlarged on bail. 4. On the other hand, learned counsel for the State/non-applicant opposes the bail application. 5. On the notice issued the victim along with her parents appeared before this Court through virtual mode from DLSA Janakpur on 08-04-2025 and they submitted that they have no objection in granting bail to the applicants. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation against the present applicants and also the material collected during the investigation, further considering that the allegation against the present applicants is that they provided shelter to the victim and the main accused who is a juvenile in conflict with law and the fact that these applicants are in jail since 15-12-2024, I am inclined to release them on bail. 7. Consequently, this application filed by the applicants under Section 483 of BNSS, 2023 for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond -3- in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance on each date of hearing before trial Court unless exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil