1 2025:CGHC:1830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8448 of 2024 1 - Kutubdeen Ansari @ Baba S/o Habib Ansari Aged About 25 Years R/o Bailajhkhra- Police Station Dandai, District : Garhwa *, Jharkhand ... Applicant(s) versus 1 - State Of Chhattisgarh Through, In-Charge Of, Police Station- Sitapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Sanjay Pathak, Advocate For the State : Ms. Priya Sharma, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 10/01/2025 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.250/2024 registered at Police Station Sitapur, District Surguja (C.G.) for the offence punishable under Section 376(2)(n) of IPC and Section 6,12, 15 of POCSO Act. 2. The case of prosecution in brief is that on 22.09.2022 prosecutrix, resident of Tokopara police station, Sitapur came to the police station she lodged the written report with averment that, the present applicant NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.14 11:09:46 +0530 2 who resident in Jharkhand and studies at Madrsa at Sitapur on dated 22.09.2022 at about 2.00 p.m. applicant/accused came to school of the prosecutrix and he express to desire to merry her and on first time he took her behind the Mahatma Gandhi Memorial School and on the pretext on marriage he committed the forcibly sexual intercourse with her thereafter applicant return back to Jharkhand and continue connected through mobile call, video call and he demand off scene photographs to the prosecutrix and make video and blackmailing the prosectrix and he denied to marry with the prosecutrix, on the basis of said report prosecution agency has registered offence under the aforesaid Sections. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case, charges were framed, victim and her parents have already been examined before the trial Court and they are turned hostile though did not deposed anything against the present applicant/accused, applicant is in jail since 23/09/2024, trial will take more 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 submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Today victim along with her father appeared before this Court through video conferencing from the concerned DLSA and submits that they have no objection with regard to grant of bail to the applicant, their objection is taken on record. 6. Heard learned counsel for the parties. 3 7. Looking to the nature of offence, there is affair between the victim and present applicant, victim and her parents have already been examined before the trial Court and they are turned hostile, charge-sheet has already been filed, trial will take more time for its conclusion, there is no previous criminal antecedent against the applicant, he is in jail since 23/09/2024, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Kutubdeen Ansari @ Baba 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- (Arvind Kumar Verma) JUDGE Kamde