1 2025:CGHC:2251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8044 of 2024 1 - Rahul Banjare @ Raja Banjare S/o Lt. Chandramani Banjare Aged About 20 Years R/o Rajiv Gandhi Nagar, Raigarh, District Raigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh District Sarangarh Bilaigarh (C.G.) ... Respondent(s) For Applicant(s) : Shri Shikhar Agnihotri, Advocate. For the State : Shri Neeraj Sharma, Dy. Advocate General. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 14/01/2025 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.197/2024 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 363, 366, 376 of IPC and Section 4 & 6 of the POCSO Act. 2. The case of prosecution in brief is that the applicant/accused lured the 14 year old minor victim and took her to his home in Raigarh and from NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 11:10:12 +0530 2 there to Nargarh in Odisha and forcibly had physical relations with her and sexually exploited her. Thereafter, the victim was recovered from the custody of the applicant/accused. The applicant/accused has been arrested on 06.08.2024 under Sections 363, 366, 376 of the Indian Penal Code and Sections 4, 6 of the POCSO Act. 3. Learned counsel for the applicant submits that the affair between victim and applicant, statement of the victim that she herself went with the applicant on his bike and went to temple and performed marriage, there is no previous criminal antecedent against the present applicant, he is in jail since 06/08/2024 therefore he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant. Learned State counsel has filed memo dated 13/01/2025 in Police Station City Kotwali Sarangarh, District Sarangarh-Bilaigarh (C.G.) and stated that victim was currently found to be 8 months pregnant. Hence, he is not entitled for grant of bail. 5. On 19/12/2024 victim along with her mother appeared through virtual mode from concerned DLSA and submitted that they have no objection with regard to granting bail to the applicant. 6. I have heard learned counsel for the parties at length and perused the record with utmost circumspection, on 19/12/2024 victim along with her mother appeared before this Court through virtual mode from the concerned DLSA and submitted that they have no objection for grant of bail to the applicant, charge-sheet has already been filed before the trial Court, charges were framed and victim, mother of the victim and father of the victim have been examined before the trial Court and they 3 are totally hostile and mother of the victim deposed before the trial Court the age of the victim is 16 – 17 years. 7. Looking to the entire facts and circumstances of the case, victim and her parents are totally hostile before the trial Court, there is no criminal antecedent against the applicant, he is in jail since 06/08/2024, charge- sheet has already been filed before the trial Court and it will take more time to conclude the trial, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Rahul Banjare @ Raja Banjare 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