1 2025:CGHC:45319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5294 of 2025 1 - Dinesh Yadav S/o Surajman Yadav Aged About 18 Years Occupation-Agriculture, R/o Jamdara Kunni, P.S. And Tahsil Lakhanpur, District Sarguja (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. Police Station Patna, District Koriya (C.G.) ... Respondent(s) For Applicant(s) : Shri Pushkar Sinha, Advocate For Respondent/State : Shri Rishabh Bisen, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/09/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 358/2024 registered at police station Patna, District Koriya (CG) for the offence punishable under SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.09.08 14:50:58 +0530 2 Sections 137(2) of BNS and Section 6 of the POCSO Act, 2012 2. Prosecution case in brief is that on 05.12.2024, at 4.00 am, when the prosecutrix had gone toattend the natures call, she was caught from behind by the applicant and co-accused and took her to their village where she stayed from 5..12.2024 to 18.12.2024 . It is alleged that during that period, they developed physical relation and on 18.12.2024 she was recovered by the police and thereafter the police registered offence against the applicant and was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that they were having love affair and now they have married. He submits that the applicant is aged 18 years and the prosecutrix is aged more than 17 years. It is further submitted that similarly placed co-accused Surajmani Yadav has been granted bail by this Court in M.Cr.C. No.1468/2025 vide order dated 10.03.2025, therefore the present applicant may also be granted similar benefit. It is further contended that the charge sheet has been filed, he is in jail since 18.12.2024 and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Notice has been duly served upon the mother of the victim but none appeared. Ms. Priya Mishra, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim. 3 6. Heard counsel for the parties and perused the record. 7. Considering the facts and circumstances of the case, and the fact that the Special Judge has observed that during examination, in cross- examination, she has stated that she has married the applicant. Thus, it prima facie shows that there was affair between the applicant and the victim also taking into consideration that the applicant is in jail since 18.11.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge