1 2025:CGHC:229 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7510 of 2024 Devbrat Painkra @ Bhosko S/o Gulab Sai Aged About 20 Years Caste Kunwar, R/o Village Jamtoli Patelpara, Police Station -Tumla, District Jashpur (C.G.) ...Applicant versus State of Chhattisgarh Through Station House Officer, Police of Police Station Tumla, District Jashpur (C.G.). --- Respondent For Applicant : Mr. Sanjeev Sahu, Advocate For Respondent/State : Mr. Pranjal Shukla, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to applicant, who has been arrested in connection with Crime No.52/2023, registered at PS- Tumla, District : Jashpur, (C.G.), for commission of offence punishable under Sections 294, 324, 354 of the Indian Penal Code and Section 7-8 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that on 27.09.2023, present applicant assaulted the minor victim by means of hands and fist, abused her in filthy language and also tried to outrage her modesty. Based upon report lodged by the victim, aforementioned crime/offence has been registered 2 against the applicant. 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. Prosecution has examined two witnesses, but they have not support the case of prosecution and have turned hostile. There is no any other criminal antecedents against the applicant. Offence is triable by Judicial Magistrate First Class. Applicant is a young boy, aged about 20 years and he is in jail since 30.09.2023, 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 are specific allegations against the present applicant, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. On 28.11.2024, prosecutrix/victim alongwith her father appeared before this Court and raised objection in granting bail to the applicant. 7. Considering facts of the case, submissions of learned counsel for parties, nature of allegations, the fact that there is no material available on record to show that applicant has made any attempt to tamper with the prosecution witnesses, further considering that applicant is not having any previous criminal antecedents, charge-sheet has already been filed, applicant is in jail since 30.09.2023 and thereby already completed more than one year of jail sentence, 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 on the conditions that- 3 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.