1 2025:CGHC:6148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 168 of 2025 1 - Sonkumar Nishad S/o Santram Aged About 21 Years R/o Village- Jaraundha Barpali Para, Police Station- Takhatpur, District- Bilaspur (C.G.) ... Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Khairagarh, District- Khairagarh- Chhuikhadan- Gandai (C.G.) ... Respondent(s) For Applicant (s) : Shri Amit Singh Chouhan, Advocate. For the State : Ms. Prabha Sharma, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 03/02/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.397/2023 (wrongly mentioned as 397/2024) registered at Police Station Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 363, 366-A, 376(2)(n) of IPC and Section 4, 6 of The Protection of Children From Sexual Offences Act, 2012. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.05 11:56:32 +0530 2 2. The case of prosecution in brief is that on 08/09/2023, the brother of the prosecutrix lodged missing report regarding missing of prosecutrix since 05/09/2023 and the offence under Section 363 of IPC was registered in Crime No. 397/2023 against unknown person. During course of investigation, prosecutrix was recovered from the possession of the applicant on 08/09/2024 and on the basis of statement of the prosecutrix, aforesaid offence have been registered against the applicant. 3. Learned counsel for the applicant submits that he has been falsely implicated in the present case, victim and applicant have love affair and have performed marriage and since then they used to live together as spouse and out of their wedlock, a son has been born. He further submit that applicant is in jail since 07/09/2024 and trial will take more time to conclude the trial, charge-sheet has been filed, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature, therefore, he is not entitled for grant of bail. 5. Today, victim along with her mother appeared before this Court and submitted that they have no objection with regard to grant of bail to the applicant. 6. Heard learned counsel for the parties. 7. Taking into consideration and looking to the age of the victim 16 years and 1 month, charge-sheet has already been filed before the trial Court, applicant is in jail since 07/09/2024 and there is no previous 3 criminal antecedent against the applicant, without commenting anything on merits, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Sonkumar Nishad shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (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 his from disclosing such fact to the Court (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to his by the said Court till disposal of the trial. (iv) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Court. Certified copy as per rules. Sd/-Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde