1 2025:CGHC:2086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8119 of 2024 1 - Chandrabhushan @ Chunnu S/o Santosh Kumar Karsh Aged About 22 Years R/o Village Bade Seepat, Thana Malkharuda, District- Sakti, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Jutmil Raigarh, District- Raigarh, Chhattisgarh. ... Respondent For Applicant : Shri Ajay Ayachi, Advocte For Respondent/State : Ms. Vaishali Mahilong, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 268/2024 registered at police station Jutmill, Raigarh (CG) for the offence punishable under Sections 2 363,366,376(2) and 376 IPC and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 . 3. Case of the prosecution is that the prosecutrix and the applicant were having love affair and she was allured by the applicant from her lawful guardianship. It is alleged that on 08.06.2024, in the midnight, she eloped with the applicant in a motorcycle to Raigarh railway station from where they travelled to Secunderabad, Telangana and she was recovered from the custody of the applicant. It is further alleged that during their stay, they developed physical relations. Thereafter, the complaint was registered against the applicant. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case and the prosecutrix did not raise any alarm and she had eloped with him on her own will. He submits that the prosecutrix was major and having love affair with the applicant. He further submits that the applicant is in jail since 02.07.2024, in the statement recorded under Sections 161 and 164 Cr.P.C., the prosecutrix and her father had not supported the case of prosecution. He submits that the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 3 7. The victim appeared along with her guardian appeared through the concerned DLSA. 8. Heard counsel for the parties and perused the record. 9. On due consideration of the rival submissions and the fact that the applicant is lodged in jail since 02.07.2024, the charge sheet has been filed and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 10. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.01.14 07:14:08 -0500