1 2025:CGHC:711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7702 of 2024 1 - Gannu Sori S/o Rajuram Sori Aged About 29 Years At- Village Kejan, Ghodapara, P/s Bayanaar, District Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through P/s Bayanaar, District Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Lukesh Kumar Mishra, Advocate appearing through video conferencing. For the State(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.4/2024 registered at Police Station Bayanaar, District Kondagaon (C.G.) for the offence punishable under Sections 366, 376(2) (n) of IPC read with Section 6 NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.08 11:29:05 +0530 2 of POCSO Act. 2. Case of the prosecution in brief is that father of the prosecutrix lodged a written complaint before the Police Station on 03/03/2024 that the applicant on the pretext of marriage had committed sexual intercourse with the prosecutrix from 02/06/2023 till November 2023, due to which prosecutrix had conceived and on 03/03/2024 she suffered from stillbirth. 3. Learned counsel for the applicant submits that prosecutrix and applicant have love affair, charge-sheet has been filed, prosecutrix has recorded her statement before the trial Court and she has admitted relation with the applicant. He further submits that applicant was almost a major on the date of incident, he is innocent and falsely implicated in the present case, he has not committed any offence as alleged against him, he is in jail since 05.03.2024, 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. On 19/12/2024 victim has appeared before this Court through virtual mode from the DLSA Kondagaon and submit that she has no objection in granting bail to the applicant. 6. Heard learned counsel for both the parties. 7. Considering the entire facts and circumstances of the case, looking to the nature of allegation, charge-sheet has already been filed and affair between victim and applicant, as per 5th class mark-sheet age 3 of the victim is 15 years and 6 months at the time of first incident, prosecutrix appeared before this Court on 19/12/2024 through virtual mode from the DLSA Kondagaon and submitted that she has no objection in granting bail to the applicant and there is no evidence to show the tempering of witnesses, charge has already been framed by the trial Court and the statement of the victim has already been recorded before the trial Court, 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 - Gannu Sori shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with two sureties 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/- (Arvind Kumar Verma) JUDGE Kamde