1 2025:CGHC:1184 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8184 of 2024 Pradeep Raghuvanshi S/o Shivcharan Raghuvanshi Aged About 19 Years R/o Village Khandsara, Police Station- Pandatarai, District- Kabirdham, Chhattisgarh. ...Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station- Pandatarai, District- Kabirdham, Chhattisgarh. --- Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Ms. Pushpalata Khalkho, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07/01/2025 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.110/2024, registered at Police Station- Pandatarai, District- Kabirdham, Chhattisgarh, for commission of offence punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Section 04 & 06 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that on 09.06.2024, parents of victim/prosecutrix lodged missing report before concerned Police Station, based upon which, FIR was registered for offence under Section 363 of IPC. During course of investigation, prosecutrix was recovered on 2 10.06.2024 and her statement was recorded under Section 161 of Cr.P.C and based upon which, present applicant was arrested in the aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim herself left her house, went to Kawardha and started living there in a rented accommodation. After two days, father of victim reached to Kawardha and took her back. There is no any evidence/material available to connect the present applicant in the aforementioned crime/offence. He further submits that on the date of alleged incident, victim was major more than 18 years of age, further victim alongwith her mother and father were examined before the trial Court and have not supported the case of prosecution. There is no any other previous criminal antecedents against the applicant, he in jail since 12.06.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the aforementioned offence/crime with the minor victim aged about 16 years and 11 months, hence, applicant are not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith parents appeared before this Court and raised no objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that victim herself left the house and went to Kawardha where started living at rented accommodation, after 3 two days father of victim reached there and took her back, further considering that victim and her mother and father turned hostile and have not supported the case of prosecution, period of detention of applicant ie since 12.06.2024, charge-sheet has been filed, 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 one surety 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 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.