1 2025:CGHC:7400 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 440 of 2025 Kunal @ Komal Manjhi S/o Shri Firat Ram Manjhi Aged About 21 Years R/o Village Kera, Nawagarh, District Janjgir-Champa, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Seorinarayan, District Janjgir-Champa, C.G.. --- Respondent For Applicant : Mr. Arvind Shrivastava, Advocate with Mr. Vikas Shrivastava, Advocate For Respondent/State : Mr. GL Uike, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/02/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.430/2024, registered at PS - Seorinarayan, District Janjgir-Champa, C.G, for commission of offence punishable under Sections 366, 376(2)(N), 506, 509(B) of IPC; Section 4 & 6 of the Protection of Children from Sexual Offences Act and Section 67(B) of IT Act. 2. Case of prosecution, in brief, is that present applicant took the minor victim to Manjhi Dharamsala, Seorinarayan on motorcycle and committed sexual intercourse with her on the pretext of marriage and, thereafter, refused to marry her. Applicant also taken the obscene photos and 2 videos of the victim. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is delay in lodging of FIR, which has not been explained properly by the prosecution. He further submits that applicant has not taken the obscene photos and videos of the victim. There is no any other criminal antecedents against the applicant. Applicant is in jail since 08.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim aged about 17 years, , hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Victim was not appeared before this Court, though notice has been duly served. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, there is no any other criminal antecedent against the applicant, further considering that prosecution has failed to prove that the present applicant has taken the obscene photos and videos of the victim, challan/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 applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court 3 on the conditions that- a) Applicant 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 from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.