1 / 3 2025:CGHC:1838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8467 of 2024 1 - Laxman Yadav S/o Chamru Yadav Aged About 19 Years R/o Village - Devpuraghat, Police Station - Salhevara, District- Khairagarh - Chhuikhandan (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through SHO Police Station - Thankhamhariya, District- Bemetara (C.G.) ... Respondent For Applicant : Mr. Vaibhav A. Goverdhan, Advocate For State : Ms. Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 20/06/2024 in connection with Crime No. 94/2024, registered at Police Station Thankhamhariya, District Bemetara, C.G. for the offence punishable under Sections 363, 366, 376, 376 (2) (n) of the IPC and Sections 4, & 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.14 13:42:31 +0530 2 / 3 2. As per the prosecution case on 06.06.2024 father of the prosecutrix lodged an FIR alleging therein that on 26/05/2024 the prosecutrix was left by his nephew at Village Gopalpur at his in-law’s house. Thereafter, on 03/06/2024 his mother-in-law informed that on that day at about 12.00 pm the prosecutrix, who is aged about 15 Years and 11 Months went missing. Thereafter, during investigation on 18/06/2024 the prosecutrix was recovered from the railway station from the possession of the present applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix and her father in this case have been examined before the Court and they have turned hostile and the prosecutrix did not allege anything against the present applicant. He would next contend that there is delay of 03 days in lodging the FIR and no reasonable explanation has been given for such delay. He would lastly contend that as per medical report no definite opinion given regarding rape and the applicant is in jail since 20/06/2024 and the charge-sheet in this case has been filed, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. On 04/12/2024 notice was issued to the victim for her appearance before this Court and the service report shows that the notice has been duly served upon the victim, however, neither the victim nor her guardian appeared before this Court when the matter was taken up for hearing. 6. I have learned counsel for the parties and perused the documents. I have perused the statement of the prosecutrix and father of the prosecutrix, which show that no allegation of rape has been leveled against the 3 / 3 applicant; the charge-sheet in this case has been filed; and the applicant is in jail since 20/06/2024. Considering the same, I am inclined to release the applicant on bail. 7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.15,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. SD/- (Arvind Kumar Verma) JUDGE ashu