1 2025:CGHC:791 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8294 of 2024 Kishor Verma @ Daruha S/o Narayan Verma Aged About 28 Years R/o Village- Etai, Thana- Nandghat, Distt. Bemetara, C.G. (In Jail) ... Applicant versus The State Of Chattisgarh Through - SHO, Police Station- Bhatapara Rural, Distt.- Baloda Bazar-Bhatapara, C.G.. --- Respondent For Applicant : Mr. Samir Singh, Advocate For Respondent/State : Ms. Prabha Sharma, PL. For Objector : Mr. Syed AH Rizvi, Advocate 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 has been arrested in connection with Crime No.208/2024, registered at PS – Bhatapara Rural, Distt.- Baloda Bazar-Bhatapara, (C.G.), for commission of offence punishable under Sections 363, 366, 376 of the Indian Penal Code & Section 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that on 02.04.2024 cousin of victim lodged missing report to the concerned Police Station stating that minor victim was missing from 01.04.2024. During investigation, victim was recovered from the possession of the present applicant and it was found 2 that applicant has committed forceful sexual intercourse with her. Based upon report, FIR was registered and 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. Statement of prosecutrix recorded under Section 164 of Cr.P.C reveals that she was a consenting party. Victim visited with the present applicant and stayed together about 05 months. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 13.09.2024, 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 minor victim aged about 15 years and 07 months, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her mother is appeared before this Court by virtual mode from the concerned DLSA and raised strong 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 visited with the present applicant and stayed together about 05 months, further considering that applicant is not having any previous antecedent, he has not made any attempt to tamper with the prosecution witnesses, period of detention of applicant ie since 13.09.2024, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application. 3 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.