1 2025:CGHC:1190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8371 of 2024 1 - Hari Shankar Ahirwar S/o Late Kishori Lal Aged About 19 Years R/o- Village- Imlana, Ward No. 01, P.S.- Baldevgrah (Wrongly Mention As Baldevgah), District- Tikamgarh, M.P. ... Applicant(s) versus 1 - State Of Chhattisgarh Through- P.S. - Balod, District- Balod, Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Hemant Gupta, Advocate. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate. 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.337/2024 registered at Police Station Balod, District- Balod (C.G.) for the offence punishable under Sections 363, 376(2)N of IPC and Section 5 (L)/6 of The NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 11:43:13 +0530 2 Protection of Children From Sexual Offences Act, 2012. 2. The case of prosecution in brief is that the applicant abducted the prosecutrix on 31-05-2024 and committed rape on her, and thereby the offence has been committed. Hence the F.I.R. has been registered u/s 363 of I.P.C. subsequently final charge sheet filed u/s 363, 376(2) N of I.P.C, and Sec. 5(L)/6 of POCSO. 3. Learned counsel for the applicant submits that he has been falsely implicated in the present case, statement of the victim has already been recorded before the learned trial Court and she has been turned hostile even though she did not identify the accused, charge-sheet has been filed, trial will take more time, there is no forceful sexual intercourse with the victim, applicant is in jail since 15/09/2024, 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, victim is aged about only 15 years and 9 months. Hence, he is not entitled for grant of 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 charge-sheet has already been filed before the trial Court and charges were framed by the Additional Sessions Judge F.T.S.C. (POCSO Act) Balod and statement of the victim has already been recorded and victim has hostile even though she did not identify the accused/applicant, he is in jail since 3 15/09/2024 and the report submitted by the doctor that there is no any other injury present in the body of the victim, 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 Hari Shankar Ahirwar 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