1 2025:CGHC:480 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8140 of 2024 Mohammad Sajid Sheikh S/o Sajibul Sheikh Aged About 25 Years R/o Rajgharana Colony, Uslapur, Police Station Sakri, District : Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Sakri, District : Bilaspur, Chhattisgarh. --- Respondent For Applicant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Ms. Priya Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/01/2025 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.715/2024, registered at PS - Sakri, District -Bilaspur, (C.G.), for commission of offence punishable under Sections 64(2)(e) of BNS, Section 376 (2)(n) of Indian Penal Code and Section 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that from 27.02.2020 to 30.08.2024, present applicant has committed forcible sexual intercourse with the minor victim on the pretext of marriage. Based upon report, aforementioned crime/offence has been registered against the applicant. 2 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. There is delay of 04 years in lodging of FIR which raises serious doubt towards the credibility and veracity of the allegation levelled against the applicant by the victim. Further, prosecution did not produce any reliable or admissible piece of evidence/material to prove the age of the victim/prosecutrix on the date of alleged incident. There is no any other criminal antecedents against the applicant. Applicant is in jail since 30.09.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that from 27.02.2020 to 30.08.2024, applicant has established physical relationship with the minor victim on the pretext of marriage. As per mark-sheet of victim, her date of birth is 09.09.2004 and first time physical relationship was established on 27.02.2020 and at that time victim was aged about 16 years, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. On 19.12.2024, prosecutrix/victim alongwith her mother appeared before this Court and raised objection in granting bail to the applicant. 7. Considering facts of the case, submissions of learned counsel for parties, nature of allegations, as per case of prosecution from 27.02.2020 to 30.08.2024, applicant established physical relationship with the victim but nowhere come on record that during that time victim has raised objection, the fact that last attempt of physical relationship was established on 30.08.2024 and at that time victim was major, further the fact that the applicant has not made any attempt to tamper with the prosecution witnesses, applicant is not having any previous criminal antecedents, 3 charge-sheet has already been filed, applicant is in jail since 30.09.2024, conclusion of trial may take some time, 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.