1 2025:CGHC:1212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6499 of 2024 1 - Shivkumar Dahariya S/o Lakhan Dahariya Aged About 20 Years R/o Amalidih Khamhi, P.S. Lormi, District Mungeli, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. Kukdur District Kabirdham(Kawardha), Chhattisgarh. ... Respondent(s) For Applicant : Shri Dhirendra Pandey, Advocate. For the State : Ms. Sunita Sahu, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2025 1. The applicant has preferred first bail application under Section 439 of Cr.P.C. for grant of regular bail as he has been arrested in connection with Crime No.54/2023 registered at Police Station Kukdur, District Kabirdham (Kawardha) (C.G.) for the offence punishable under Sections 363, 366, 376(2) (ढ़) of IPC and Sections 4 & 6 of POCSO Act. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 11:54:43 +0530 2 2. Learned counsel for the applicant submits that on 15.07.2023 mother of the prosecutrix had made a report before police station Kukdur, in which she was stated that on dated 15.07.2023 at about 6.00 a.m. her minor daughter i.e. prosecutrix was going to school from the house, who has not been return at home-at about till 1.00 p.m. then she was searched the nearby and her reletives who has not been found she has doubt some unkown person has abducted her minor prosecturix. As per report, the police has registered the missing report against the unkown person as Crime No. 54/2023 under Section 363 of IPC and investigate the matter, during investigation that on 29.07.2024 at about 13.40 p.m. police has recovered the minor prosecutrix from Gandhi Nagar Hyderabad from the possession of the applicant and as per statement of the posecutrix police has registered the aforesaid offence against the applicant. 3. Learned counsel for the applicant submit that at the time of incident victim age is 16 years 6 months and 20 days, there is affair between the victim and applicant, victim herself left parental house and living with the applicant, parents of victim appeared before the trial Court and they have given no objection for grant of bail to the applicant, applicant is in jail since 03/04/2024, 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. Hence, he is not entitled for grant of bail. 5. In pursuance of the order dated 25/10/2024, notice served upon the father of the victim but despite repeated calls, no one appears either in 3 person, or through video conferencing to record their statement, but the trial Court they have made no objection for granting bail to the applicant. 6. Heard learned counsel for both the parties. 7. Considering the entire facts and circumstances of the case, nature of allegations, the fact that applicant is in jail since 03.04.2024, charge- sheet has been filed, age of the victim is 16 years 6 months and 20 days at the time of incident and there is affair between the prosecutrix and applicant, without commenting anything on merits of the case, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant - Shivkumar Dahariya 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- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde