1 2025:CGHC:2088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8596 of 2024 1 - Nand Kishore Shrivas S/o Late Manohar Shrivas Aged About 44 Years Caste Naie, R/o Shankar Nagar Mulla, Police Station And Tahsil Bhanupratappur, District- N.B. Kanker, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officre, Police Station Bhanupratappur, District- N.B. Kanker, Chhattisgarh. ... Respondent For Petitioner(s) : Shri Arun Kumar Shukla, Advocate For Respondent/State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 202/2024 registered at police station Bhanupratappur, District North Bastar Kanker (CG) for the offence punishable 2 under Sections 74, 332(c) of BNS, Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of SC/ST Act. 3. As per prosecution case, the applicant who runs a salon and was residing as tenant in the house of the prosecutrix, insisted her for facial and despite of repeated refusal by the prosecutrix he kept insisting her. When the prosecutrix agreed for facial, he began doing facial and during which the applicant made an attempt to outrage her modesty. She immediately informed about the incident to her brother and thereafter the complaint was registered against the applicant. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case and that the incident is highly improbable under the facts and circumstances of the case. He further submits that the applicant is in jail since 27.09.2024, in her deposition recorded under Section 164 Cr.P.C., the prosecutrix has not alleged anything against the applicant. He submits that the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that as per the school admission and discharge register, the prosecutrix was aged about 16 years 9 months and 8 days. 6. The prosecutrix and his brother appeared through virtual mode with the concerned DLSA and had raised objection. 7. Heard counsel for the parties and perused the record. 3 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 27.09.2024, the charge sheet has been filed and looking to the statement of the prosecutrix under Section 164 Cr.P.C and that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.01.14 07:14:09 -0500