1 / 3 2025:CGHC:1305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7356 of 2024 1 - Mubarak Husain S/o Rustam Miya, Aged About 22 Years R/o Village Tarwar, PS- Bhagwanpur District Siwan, Bihar (Correct Address Mentioned) ... Applicant versus 1 - State of Chhattisgarh Through PS Gurur District Balod, C.G. ... Respondent For Applicant : Mr. Shobhit Koshta, Advocate For State : Ms. Vaishali Mahilong, P.L. (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 08/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nyaya Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 07/06/2024 in connection with Crime No. 109/2024, registered at Police Station Gurur, District Balod (CG) for the offence punishable under Sections 363, 366, 376 (2) (n) of the IPC and Sections 4, 5 (1), 6 of the POCSO Act. 2. As per the prosecution case on 05/06/2024, the prosecutrix went missing and subsequently it was found that the present applicant took the prosecutrix on his bike and committed sexual intercourse with her on ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.10 10:51:55 +0530 2 / 3 pretext of marriage and left her in the night near toll plaza. Thereafter, the report was lodged against the present applicant. 3. Learned counsel for the applicant would submit that the prosecutrix in this case has been examined before the Court and she has not stated anything with regard to commission of rape in her statement as well as in her statement under Section 164 Cr.P.C. she has also not leveled any allegation of rape against the applicant. He would next contend that the father of the prosecutrix has also been examined before the Court below and he has also not supported the case of the prosecution. He would last contend that the medical report shows that no external and internal injuries have been found on the body of the prosecutrix, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. On 25/11/2024 the prosecutrix along with her father appeared through virtual mode from DLSA, Balod and submitted that they have no objection in granting bail to the applicant. 6. I have learned counsel for the parties and perused the documents. I have perused the case-diary and the statement of the prosecutrix and father of the prosecutrix, which show that no allegation of rape has been leveled against the applicant. Considering the same and also the no objection given by the prosecutrix and her father, I am inclined to release the applicant on bail. 7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.15,000/- with one surety in the like sum to the satisfaction of the trial 3 / 3 Court. He is directed to appear before the trial Court on each and every date given by the said Court. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu