1 2025:CGHC:27291 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4031 of 2025 Anil Nirala S/o Late Jagat Nirala Aged About 23 Years R/o Village - Lavanban, P.S. - City Kotwali, District Balodabazar-Bhatapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station- Dharsiwa, District - Raipur (C.G.) --- Respondent For Applicant : Mr. C.R. Sahu, Advocate For Respondent/State : Ms. Priya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 24/06/2025 1. The victim along with her mother appeared through virtual mode from concerned DLSA before this Court today and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 372/2024, registered at Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.24 16:54:48 +0530 2 Police Station – Dharsiwa, District- Raipur (C.G.) for offence punishable under Sections 363, 366, 376, 376(2)(n), 34 of IPC and Section 6 of the POCSO Act, 2012. 3. As per prosecution story, on 18.06.2024, a complaint was lodged by the father of the victim at concerned Police Station to the effect that on 16.06.2024 at around 10:00 pm, his daughter/victim went somewhere without informing anyone and did not return. She could not be traced even after searching in the neighbourhood and among relatives. Then, on the basis of the information given by the applicant/victim's father, a crime has been registered against an unknown person under Section 363 of the IPC at Dharsiwa Police Station. During the investigation, on 13.09.2024, the victim was recovered and when she was questioned, the victim told that the accused in the case lured her and took her to Bhatapara, Hyderabad by promising marriage, where he continued to forcefully have physical relations with her. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim and her mother have been examined before the Trial Court and turned hostile. The applicant is in jail since 26.09.2024, out of 21 prosecution witnesses, only 2 have been examined till date and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution, particularly considering that the victim and her mother have been turned hostile before the Trial Court, further considering the detention period of the applicant and the fact that the trial is likely to take some time to be finalized, therefore, in view of 3 above, without further commenting on other merits of the case, at this stage, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham