1 2025:CGHC:233 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7804 of 2024 Bhupendra Kumar Nishad S/o Ramlal Nishad Aged About 25 Years R/o - Ward No.- 12 Batheli, Police Station Bakhara District - Dhamtari (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, PS -Bakhara, District-Dhamtari, (C.G.). --- Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent/State : Ms. Prabha Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 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.139/2024, registered at PS - Bakhara, District-Dhamtari, (C.G.), for commission of offence punishable under Sections 64(2) (N), 137(2), 84 of the BNS & Section 4/6 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that on the pretext of marriage, present applicant established physical relationship with the minor prosecutrix/victim on many occasion. Based upon report lodged by father of victim, aforementioned crime/offence has been registered against the applicant and he was arrested on 10.08.2024. 2 3. Learned counsel for the applicant submits that due to previous enmity, the applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no any other previous antecedents against the applicant. Applicant is in jail since 10.08.2024, 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 are specific allegations against the present applicant of committing sexual intercourse with minor victim, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. On 12.12.2024, 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 the parties, nature of allegation, the fact that applicant is not having any previous antecedents, charge-sheet has already been filed, further considering the age of the victim and detention period of applicant ie since 10.08.2024, 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 two sureties in like sum to satisfaction of concerned Court 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 3 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.