1 2025:CGHC:48418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6667 of 2025 1 - Durgesh Bharti S/o Gendram Bharti, Aged About 23 Years, R/o Village Bharenga Bhatha P.S. Abhanpur, District - Raipur Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Abhanpur, Raipur District - Raipur (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. C.R. Sahu, Advocate. For State/Non-applicant : Mr. Pranjal Shukla, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 19-09-2025 1. Pursuant to the order dated 04-09-2025 the victim and her maternal aunt appeared through virtual mode from DLSA, Raipur and submitted that they have no objection in granting bail to the applicant. Their submission is taken on record. 2. Heard on the application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘B.N.S.S., 2023’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 17-05-2025 in connection with Crime No.183/2025 registered at P.S. -Abhanpur, Raipur District – Raipur (C.G.) for the offence under Section 65(1) of the B.N.S. and Section 4 and 6 of POCSO Act, 2012. Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.19 20:43:11 +0530 2 3. The case of the prosecution is that, on 17-05-2025 the FIR has been lodged by maternal aunt of the victim that on 05-05-2025 when the victim suffers from abdominal pain she was taken to hospital from where she came to know that she was conceived pregnancy. On being asked the victim disclosed that it was the applicant with whom she was having physical relation and conceived pregnancy. Thereafter, she lodged the report. The FIR has been registered against the applicant in which he has been arrested on 17-05- 2025 and after investigation charge sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the offence. Only on the suspicion the report has been lodged against him. There is no complaint made by the victim at the time when the alleged act of rape was committed. He would further submit that the victim has been examined before the learned trial Court as PW-1 and she has completely turned hostile and not supported the prosecution’s case. The applicant is in jail since 17-05-2025 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 5. Learned counsel for the State opposes the bail application. 6. Considering the submissions made by the learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the statement of the victim recorded under Section 183 of B.N.S.S., 2023 further that the applicant is in jail since 17-05- 2025, without commenting anything on merits of the case I am inclined to release the applicant on bail. 7. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following conditions :- 3 (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 facts to the Court ; (ii) he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil