1 2025:CGHC:34905 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4044 of 2025 1 - Nanbai Bariha W/o Late Anjor Bariha Aged About 55 Years R/o Village Beltikari, Police Outpost- Bhanwarpur, Police Station And Tahsil- Basna, District- Mahasamund (C.G.) 2 - Jaylal Bariha S/o Late Anjor Bariha Aged About 34 Years R/o Village Beltikari, Police Outpost- Bhanwarpur, Police Station And Tahsil- Basna, District- Mahasamund (C.G.) ... Applicants(s) versus State Of Chhattisgarh Through Police Outpost Bhanwarpur- Police Station- Basna, District- Mahasamund (C.G.). ... Respondent For Applicant : Mr. Kishore Narayan, Advocate For Respondent/State : Ms. Akansha Verma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.540/2023, registered at Outpost Bhanwarpur, Police Station- Basna, District- Mahasamund (C.G.), for commission of offence punishable under Sections 363, 376, 506/34 of IPC and Section 4 & 6 of the POCSO Act. 2 2. Case of prosecution, in brief, is that complainant (grandfather of prosecutrix/victim) lodged missing report to the concerned Police Station, based upon which, FIR was registered against known persons. During course of investigation, prosecutrix was recovered and her statement was recorded under Section 161 of Cr.P.C, based upon which, applicants were arrested in aforementioned crime/offence. 3. Though the notice has been duly served upon the complainant/grandfather of the victim, but there is no representation on his behalf, hence, Ms. Mamta Gendle, Advocate, who is present before this Court is now appointed as Amicus Curie to assist the Court in this case on behalf of the victim. 4. Learned counsel for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. The only allegation against the applicants that they told the victim not to disclose the incident to anyone, however, the applicants denied this allegation too. Main accused and co-accused have already been granted bail by this Court vide order dated 02.05.2025 & 20.02.2025 passed in CRR No.491/2025 & MCRC No.9143/2024. There is no any other criminal antecedent against the applicants. Applicants are in jail since 12.06.2024, conclusion of trial may take some time, hence, applicants may be released on bail. 5. Per contra, learned State Counsel as well as learned Amicus Curie opposing the bail application of the applicant. 6. Heard learned counsel for the parties. 7. Considering facts of the case, submission of learned counsel for the applicant, nature of allegation against the applicants, further the fact that main accused and co-accused have already been granted bail by this Court vide order dated 02.05.2025 & 20.02.2025 passed in CRR No.491/2025 & 3 MCRC No.9143/2024, further considering that there is no any other criminal antecedent against the applicants, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicants shall be released on regular bail, on their furnishing a bail bond in sum of Rs.10,000/- each with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicants 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 them from disclosing such fact to the Court. b) Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicants shall appear before trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.