1 2025:CGHC:1138 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8507 of 2024 Lakhidhar Dhurva S/o Ujal Ram Dhurva Aged About 24 Years R/o Dhurvapathra, P.S. Amlipadar, District Gariyaband Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Station Amlipadar, District Gariyaband Chhattisgarh. --- Respondent For Applicant : Mr. Tanuj Patwardhan, Advocate For Respondent/State : Mr. Karan Bahrani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2025 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.41/2024, registered at Police Station -Amlipadar, Distt -Gariyaband, (Chhattisgarh), for commission of offence punishable under Sections 363, 366, 376 (3), 376(2)(n) of Indian Penal Code and Section 04 & 06 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that on 16.04.2024 mother of prosecutrix/victim lodged missing report to the concerned Police Station mentioning therein that on 26.03.2024 her daughter went out from the house without intimating anything to the family members and did not return back. Based upon report, FIR was registered initially under Section 2 363 of IPC against unknown persons. During course of investigation, prosecutrix was recovered on 16.04.2024 from the house of present applicant. Her statement was recorded under Section 161 of Cr.P.C, based upon which, 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. There is delay in lodging of FIR, which has been explained properly by the prosecution. Victim has not supported the case of prosecution and turned hostile. He further submits that mother of victim herself stated in her statement that at the time of alleged incident, victim was major aged about 19 years and 09 months and further admitted that victim was upset as her marriage was fixed against her will, due to which, she herself left the house. There is no any previous criminal antecedent against the applicant, he is in jail since 27.04.2024, 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 the aforementioned offence/crime with minor victim aged about 17 years and 03 months. He further submits that there is one previous antecedent registered against the applicant. Lookisng to the nature of offence, applicant 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 appeared before this Court by virtual mode from the concerned DLSA. She submits 3 that she is having no 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 respective parties, there is delay in lodging of FIR which was not explained properly by the prosecution, particularly the statements of victim and her mother before the trial Court and before this Court, further considering that there is no evidence which shows that applicant has tried to tamper the prosecution witnesses, period of detention of applicant ie since 17.04.2024, 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.