1 2025:CGHC:4309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8784 of 2024 1 - Dayalu Baghel S/o Gangaram Bagjhel Aged About Years, R/o Village Bhikhampura P.S. Sariya, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer P.S. Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Suresh Kumar Verma, Advocate appearing on behalf of Shri Manoj Jaiswal, Advocate. For the State : Shri Karan Bahrani, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 23/01/2025 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.240/2024 registered at Police Station Sarangarh, District Sarangarh Bilaigarh (C.G.) for the offence punishable under Sections 363/34, 366-A, 376(2-n)/109 of IPC and Section 6/17 of POCSO Act. 2. The allegation against present applicant is that the present applicant NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.25 17:22:32 +0530 2 and other co-accused kidnapped to the prosecutrix and sexual assault with the prosecutrix by main accused Tejprakash Mahesh her tender age of the pretext of marriage, father of the prosecutrix has been lodged FIR against the unknown person, after the investigation Police has registered the case for the offence punishable under the above Sections against the present applicant. 3. Learned counsel for the applicant submits that the allegation against the present applicant is only to help and shelter the main accused Tejprakash Mahesh, age of the victim is more than 16 years and there is affair between the main accused, he is in jail since 13/06/2024, trial will take more time, he has not committed any offence as alleged against him, 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 serious in nature. Hence, he is not entitled for grant of bail. 5. Today victim has appeared before this Court through video conferencing and has raised her serious objection with regard to grant of bail to the applicant. 6. Heard learned counsel for both the parties. 7. Considering the entire facts and circumstances of the case, nature of offence, submissions of learned counsel for the parties, age of the victim is more than 16 years, there was affair between main accused (Tejprakash Mahesh) and victim, further considering that present applicant has only helped the main accused by giving them sheltered in his house, charge-sheet has already been filed, applicant is in jail since 3 13.06.2024, trial will take more time to its final conclusion, without commenting anything on merits of the case, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant - Dayalu Baghel 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/- (Arvind Kumar Verma) JUDGE Kamde