1 2025:CGHC:6758-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1447 of 2024 1 - Ritik Kumar, S/o. Raja Babu Aged About 24 Years R/o. Ward No. 5, Near Water Tank, Jairamnagar, Thana - Masturi, Bilaspur, District - Bilaspur (C.G.) --- Appellant versus 1 - State Of Chhattisgarh Aarakshi Kendra Sarkanda, District Bilaspur (C.G.) --- Respondent For Appellant : Mr. Krishna Kumar Khatri, Advocate For Respondent/State : Mr. Shashank Thakur, Dy.A.G. Division Bench Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge Order On Board Per Ramesh Sinha, Chief Justice 06/02/2025 1. This criminal appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 (in short 'N.I.A. Act') against the order dated 13.06.2024, whereby the learned Special Judge, (NIA), Bilaspur, District Bilaspur (C.G.) has rejected appellants’ application under Section 439 of Cr.P.C. for grant of regular bail in Special Case (NIA) No.40/2024 in connection with Crime No.316/2024, registered at Police Station Sarkanda, Bilaspur District Bilaspur (C.G.) for offence BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.02.07 10:54:55 +0530 2 punishable under Sections 370, 354, 363, 366, 342, 34 of the Indian Penal Code and Section 8 of POSCO Act. 2. Case of the prosecution in brief is that on 11.03.2024, a minor girl and her friends were walking home from Torwa railway station when they were approached by the appellant and two other accused, Vinay and Malik, riding a scooty bearing No. CG 10 AW 2628). The accused persons falsely claimed to be policemen, offering to help and drop them home. Instead, they took the victims to an abandoned house near Hemu Nagar railway station, then to Jayaramnagar on 12.03.2024, and later to a hut where they intended to sell the victim. 3. Learned counsel for appellant submits that appellant has been falsely implicated in this case and there is no concrete evidence to support the allegations made against him. The appellant is a first offender and he has no previous criminal antecedents or history. He further submits that there is no evidence whatsoever in the entire charge-sheet to support the allegation of criminal force with the intent to outrage the modesty of the victim. It is contended that charge-sheet in this case has been filed and the applicant is in jail since 08.04.2024 and the trial of the case will take its own time, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for State opposing the bail application and submission of learned counsel for applicant would submit that there is serious allegation of woman trafficking and use of criminal force to women with intent to outrage her modesty. He submits that looking to the gravity of offence, the appellant is not entitled to be released on bail. 3 5. We have heard learned counsel for the parties and also perused the material annexed along with the appeal and charge-sheet. 6. Considering the submission of learned counsel for the parties, facts and circumstances of the case, nature of allegation and further taking into consideration the fact that charge-sheet in this case has been filed, appellant in this case is in jail since 08.04.2024 and he is young boy of 24 years, trial of the case may take some time for its conclusion, without commenting anything on merits of the case, we are inclined to allow the appeal and to release the appellant on bail. 7. In the result, the appeal filed by the appellant is allowed. The impugned order dated 13.06.2024 passed by Special Judge, (NIA Act), Bilaspur, is set-aside. 8. The appellant shall be released on bail on his executing bail bond to the satisfaction of the concerned trial Court, on following conditions :- (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 him/her from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (iii) he shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial and (iv) he shall not involve himself in any offence of similar nature in future. 9. The trial Court is directed to expedite the trial and conclude the same expeditiously preferably within 6 months from the date of production of 4 certified copy of this order and the appellant shall cooperate in the expeditious disposal of the trial and if he fail to appear or take unnecessary adjournment, the trial Court will be at liberty to cancel his bail bonds and take him in custody. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Balram