1 2025:CGHC:1189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8312 of 2024 1 - Sohanlal Yadav S/o Buturam Aged About 26 Years R/o Village Benepali, Ward No.13 House No.88, Village Panchayat Singhitarai, Police Station Dabhara, District- Sakti, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Khiragarh, District- Khairagarh-Chuikhadan-Gandai, Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Balraj Gupta, Advocate. For the State : Ms. Sunita Sahu, 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.270/2024 registered at Police Station Khairagarh, District Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 137(2), 96, 64(2)(ड) of B.N.S. and 4, 6 of The Protection of Children From Sexual Offences Act, 2012 and Section 3(1), c (1) 3(2)(V d) of the Scheduled Castes NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 11:43:15 +0530 2 and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The case of prosecution in brief is that the father of the prosecutrix has lodged a report in the Police Station on 03/07/2023 that her daughter who is 16 years 9 months on 01/07/2024 at 9.30 am, the victim left the house saying that she was going to school, but did not return till evening, she went somewhere without telling anyone, whose address was searched in the neighborhood and relatives' houses, but she could not be found. Perhaps some unknown person has lured the victim and taken her away. On the basis of the said complaint of the applicant, a FIR was registered against the unknown person under Crime No. 270/2024 Section 137 (2) Indian Penal Code and the case was taken for investigation. During the investigation, on 30/09/2024, the victim’s recovery panchnama was prepared. Thereafter, the victim's statement was recorded under Section 137 (2) and Section 183 B.N.S.S., in which she told that the applicant / accused had established physical relations with her and the Police has registered the offence punishable under aforesaid Sections against the accused/applicant. 3. Learned counsel for the applicant submits that he has been falsely implicated in the present case, there is no sign of forceful sexual intercourse with the victim, charge-sheet has been filed, victim has major, complainant and victim have hostile before the learned trial Court, applicant is in jail since 01/10/2024, 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 of 3 bail. 5. Victim and her father appeared through video conferencing from the concerned DLSA and have not made any objection. The submission is taken on record. 6. Heard learned counsel for the parties. 7. Taking into consideration particularly that age of the victim is 16 years and 09 months from the date of incident, complainant and victim have hostile before the learned trial Court, charge-sheet has already been filed, there is love affair between the applicant and victim, applicant is in jail since 01/10/2024, 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 Sohanlal Yadav shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety 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