1 2025:CGHC:1192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8433 of 2024 1 - Ajeet Pardhi Markam @ Kari S/o Shri Vishnu Pardhi, Aged About 19 Years R/o Village Etaar, P.S. Gatapar, District- Khairagarh- Chhuikhadan- Gandai Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Gatapar, District- Khairagarh- Chhuikhadan- Gandai Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Rajendra Patel, Advocate. For the State : Ms. Pushpalata Xalxo, 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.53/2024 registered at Police Station Gatapar, District Khairagarh-Chuikhadan-Gandai (C.G.) NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 11:43:15 +0530 2 for the offence punishable under Sections 376(2)(n) of IPC and Sections 4 & 6 of The Protection of Children From Sexual Offences Act, 2012. 2. The case of prosecution in brief is that Ganga Bai Mahila Hospital Gondia informed the Gondia Police Station that the victim who is minor is admitted in the hospital for delivery has given birth to child on 25/10/2024. On receiving the information, the police started investigation and it was found that the applicant has had physical relation many times by alluring her for marriage, as a result of which she became pregnant, thereafter crime was registered in zero Number and the case diary was sent to the concerned Police Station Gatapar. Then the Gatapar Police Registered a numbered crime and took up the case for investigation. 3. Learned counsel for the applicant submits that he has been falsely implicated in the present case, victim herself left the house of her parents but the victim has implicated the present applicant only on the basis of doubt, there is delay in lodging FIR, there is no any previous criminal antecedent against the applicant, he is incarcerate since 27/10/2024, 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, victim is minor aged about 14 years 07 days, hence, he is not entitled for grant of bail. 5. Victim and her mother appeared through video conferencing from the concerned DLSA and have made no objection. The submission is 3 taken on record. 6. Heard learned counsel for the parties. 7. Taking into consideration particularly the victim has submitted that marriage was solemnized with applicant Ajeet Pardhi Markam @ Kari and she has given birth of child on 25th October 2024, charge-sheet has already been filed, there is love affair between the victim and applicant before the incident, the first incident was taken place on 17th March 2021 and the report was lodged in the year 2024, therefore, I am inclined to allow the bail application of the applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Ajeet Pardhi Markam @ Kari 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/-d/- (Arvind Kumar Verma) JUDGE Kamde