1 2025:CGHC:6409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8090 of 2024 1 - Nemuk Nishad S/o Bisram Aged About 22 Years R/o Chaweli, Police Station Thelkadih, Tahsil- Khairagarh, District- Khairagarh-Chhuikhadan- Gandai (Wrongly Mentioned As Rajnandgaon), Chhattisgarh. ... Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Thelkadih, District- Khairagarh-Chhuikhadan-Gandai, Chhattisgarh. ... Respondent(s) For Applicant (s) : Shri Tarendra Kumar Jha, Advocate. For the State : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 04/02/2025 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.127/2024 registered at Police Station Thelkadih, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n), 376(3) of IPC and Section 4 & 6 of POCSO Act. 2. The case of prosecution in brief is that in the evening of 22/05/2024 at NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.06 17:11:21 +0530 2 about 05:30 p.m. the father of the victim appeared at the police station Thekadih and gave a report to this effect. It was registered that on 21/05/2024, he and his wife had gone out for their work, his daughter victim was alone at home. When he went to his neighbor's house at around 1 p.m. to get the keys of the house, he told that he had left his daughter in village on his motorcycle as he had some work in Bank, but she returned home by evening, then the victim was searched in the neighbored and relatives house, but she was not found. Perhaps some unknown person has lured her and taken her away. On the basis of the said complaint of the applicant FIR was registered against the unknown accused under Crime Mo.127/2024. 3. Learned counsel for the applicant submits that he has been falsely implicated in the present case, victim and applicant have love affair, at the time of commission of offence victim is aged about 17 years and 20 days. He further submits that victim went with the accused voluntarily and got married in a temple and lived like husband and wife for 5 months and thereafter she was pregnant, 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. In compliance of Court order dated 02/01/2025 the DNA report is positive, therefore, he is not entitled for grant of bail. 5. Yesterday, i.e. on 03/02/2024 victim along with her father appeared before this Court through video conferencing from the concerned DLSA and raised serious objection with regard to grant of bail to the 3 applicant. Statement is taken on record. 6. Heard learned counsel for the parties. 7. Taking into consideration and looking to the age of the victim 17 years and 20 days, there is love affair between victim and applicant and they got married in a temple and lived like husband and wife for 5 months in Hyderabad and Banglore, applicant is in jail since 02/10/2024 and there is no previous criminal antecedent against him, without commenting anything on merits, I am inclined to allow bail application of applicants. 8. Accordingly, bail application is allowed. It is directed that applicant Nemuk Nishad shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (I) he 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 his from disclosing such fact to the Court (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to his by the said Court till disposal of the trial. (iv) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Court. Certified copy as per rules. Sd/-Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde