1 2025:CGHC:806 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8267 of 2024 Purushottam Alias Putan Chauhan S/o Basantlal Chauhan Aged About 28 Years R/o- Village- Sarangarh District- Sarangarh Bilaigarh (Chhattisgarh). ... Applicant versus State of Chhattisgarh Through Station House Officer Kotwali- Sarangarh, District Sarangarh-Bilaigarh. --- Respondent For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Ms. Pushptalata Khalkho, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 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 have been arrested in connection with Crime No.513/2024, registered at PS – Kotwali Sarangarh, District Sarangarh-Bilaigarh, (C.G.), for commission of offence punishable under Sections 363, 366, 506, 376 (2-n) of the Indian Penal Code & Section 5 (L)/6 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that present applicant took the minor prosecutrix/victim to Chandrapur and, thereafter, to his sister’s house, where he committed forceful sexual intercourse with her on many occasion. Based upon report, FIR was registered and applicant was 2 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 them. Due to previous enmity, false report has been lodged against the applicant, further, there is delay in lodging of report. There is no material/evidence produced by the prosecution which shows that on the date of alleged incident, victim was minor. Learned Counsel further submits that victim herself went with the applicant, live together and with her own will established physical relation with the applicant. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 03.07.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he 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 forceful sexual intercourse with the minor victim on many occasion from 29.06.2024 to 01.07.2024. Hence, applicant is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court’s dated 28.11.2024, victim alongwith her mother appeared before this Court by virtual mode from the concerned DLSA. She raised strong objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, submissions of learned counsel for the parties, nature of allegations, age of the victim ie 17 years, 11 months and 29 days, further the fact that victim visited with the applicant and no evidence/material is available which shows that she raised any alarm during that period, further considering the statement of victim recorded under Section 164 of Cr.PC, applicant is not having any previous 3 antecedent, period of detention of applicant ie since 30.06.2024, 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.