1 2025:CGHC:1188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8308 of 2024 1 - Abdul Rahman S/o Mohammad Masood Aged About 20 Years R/o Village Naumuda, Police Station- Mainpur, District- Gariyaband, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Devbhog, District- Gariyaband, Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Shivendu Pandya, Advocate. For the State : Shri Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 07/01/2025 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.293/2024 registered at Police Station Devbhog, District Gariyaband (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(ड), 3(5) of B.N.S. and NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 11:43:14 +0530 2 04, 06 of The Protection of Children From Sexual Offences Act, 2012. 2. The case of prosecution in brief is that the father of the prosecutrix has lodged a report regarding the sexual intercourse of her daughter in the Police Station Devbhog, District Gariyaband (C.G.). It is alleged by the prosecutrix that the other main accused person has made sexual intercourse with her and the present accused/applicant has been assisted to other main accused person. On the said act of the accused/applicant, the father of the prosecutrix lodged a report to the Police Station Devbhog, District Gariyaband (C.G.). On the said report of the father of the prosecutrix, the police of Police Station registered the offence punishable under section 137(2), 87, 64(2)(3), 3(5) of B.N.S. and 04, 06 of The Protection of Children From Sexual Offences Act, 2012 against the present accused/applicant along with other accused person. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case, prosecutrix has gone with the main accused and due to which police has implicated the present applicant in this case, whereas the present applicant has not assisting or abating the prosecutrix for going with main accused, age of the victim is 17 years and 25 days from the date of incident, charge-sheet has been filed, there is no criminal antecedent against the present applicant and he is in jail since 14/09/2024, 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. Hence, he is not entitled for grant 3 of bail. 5. Victim and her father appeared through video conferencing from the concerned DLSA and have raised their objection with regard to grant of bail to the applicant. The submission is taken on record. 6. Heard learned counsel for both the parties. 7. Taking into consideration particularly that age of the victim is 17 years and 25 days from the date of incident, statement recorded under Section 183 of BNSS the prosecutrix stated that co-accused Ramjan Khan has made physical relation with her six months before the date of incident, report was lodged on 13/09/2024, charge-sheet has already been filed, there is no previous criminal antecedent against the applicant, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Abdul Rahman 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/-Sd/- (Arvind Kumar Verma) JUDGE Kamde