1 2025:CGHC:1191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8377 of 2024 1 - Rohan Singh Thakur S/o Shri Santosh Singh Thakur, Aged About 19 Years R/o Modi Chowk, Champa, Police Station-Champa, District-Janjgir-Champa (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Champa, District-Janjgir-Champa (C.G.) ... Respondent(s) For Appellant(s) : Shri Vivek Kumar Shrivastava, Advocate. For the State : Ms. Vaishali Mahilong, Panel Lawyer. 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.390/2024 registered at Police Station Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 137(2), 96, 64(2)(m), 65(A) of B.N.S. and 4 & 6 of the Protection of Children From Sexual Offences Act, 2012. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 11:43:14 +0530 2 2. The case of prosecution in brief is that father of the prosecutrix lodged a report that on 10/09/2024 his wife and himself were out of home in connection with their work and their three children were at home. On that day at around 8.30 am his brother-in-law (Sala) telephonically informed him that the prosecutrix is not at home. Thereupon when he reached home and searched for her in the vicinity. His daughter/prosecutrix is aged about 15 years and 9 months. On this FIR under Section 137(2) of BNS was registered against one unknown person. However, during investigation, the applicant was arrested on 17.9.2024 and the prosecutrix was recovered from his possession. In her statement the prosecutrix disclosed that the applicant had enticed away her on 10.9.2024 on the pretext of marrying her and made her roam around till 17.9.2024. She also stated that during this period the applicant had established physical relation with her. After completion of investigation, charge sheet under Sections 137(2), 96, 64(2)(m), 65(A) of Bharatiya Nyaya Sanhita, 2023 and 4 & 6 of Protection of Children from Sexual Offences Act was filed against the applicant. 3. Learned counsel for the applicant submits that he has been falsely implicated in the present case, medical evidence does not support the prosecution case, applicant is 19 years old and he is languishing in jail since 17/09/2024, trial will take more time, there is no any other criminal antecedent against the applicant, 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 has recovered from the house 3 of the applicant and she is minor aged about 15 years and 9 months, therefore, he is not entitled for grant of bail. 5. Victim and her father appeared through video conferencing from the concerned DLSA and have made objection. The submission is taken on record. 6. Heard learned counsel for the parties. 7. Taking into consideration particularly that the MLC report there is no sign for physical relation with the victim, there is no external or internal injury found by the doctor, charge-sheet has already been filed, there is no need of custodial interrogation and the trail is likely to take some time for conclusion of trial, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Rohan Singh Thakur 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