1 2025:CGHC:1833 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8541 of 2024 1 - R. Gandhi S/o Erayya Aged About 25 Years R/o Village Sompeta, P.S. Sompeta, District Sirkakulam, Andhra Pradesh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Chhavni, District Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Rahil Kochar, Advocate. For the State : Shri Karan Bahrani, 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.328/2022 registered at Police Station Chhavni, District Durg (C.G.) for the offence punishable under Sections 363, 366, 376 (2) (n) and under Section 4 of the Protection of Children from Sexual offence Act, 2012. 2. The case of prosecution in brief is that the complaint was lodged alleging that on 25.07.2022 that the prosecutrix came from school, the NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.14 11:09:45 +0530 2 present applicant sexually assaulted the prosecutrix and on 26.07.2022 the present applicant made sexual relations against the will of the prosecutrix, that the present applicant is the brother of her aunt S. Rani. The F.I.R. was lodged in the police station Chhavni District Durg. 3. Learned counsel for the applicant submits that prosecutrix has traveled to various places with the applicant and she has not raised any alarm, age of the prosecutrix is 15 years and 7 months, applicant and prosecutrix are relative, charge-sheet has been filed before the trial court, MLC report shows that there are no external or internal injury found on the body of the prosecutrix and FLS report is negative, applicant is in jail since 06/02/2024, therefore, 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 father of the prosecutrix has raised serious objection with regard to grant of bail to the applicant. His objection is taken on record. 6. Heard learned counsel for both the parties. 7. Looking to the nature of offence, charge-sheet has already been filed and trial will take more time for its conclusion, there is no previous criminal antecedent against the applicant, he is in jail since 06/02/2024, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant R. Gandhi 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 3 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