1 / 3 2025:CGHC:1839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8568 of 2024 1 - Om Prakash Sahu S/o Shri Thakurram Sahu Aged About 23 Years R/o Shiltapara, Ward No. 9, Sarora, (Wrongly Mentioned Kharora) P.S. Tilda Nevara, Distt. Raipur, C.G. ... Applicant versus 1 - State of Chhattisgarh Through Police Station- Hathband Distt. Baloda Bazar-Bhatapara, C.G. ... Respondent For Applicant : Mr. Manoj Kumar Sinha, Advocate For State : Ms. Laxmeen Kashyap, 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 28/09/2024 in connection with Crime No. 120/2024, registered at Police Station Hathband, District Baloda Bazar- Bhatapara, C.G. for the offence punishable under Sections 363, 366, 376, 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 13:42:34 +0530 2 / 3 2. As per the prosecution case on 03/06/2024 a missing report was lodged in the Police Station Hathband, District Baloda Bazar-Bhatapara by the father of the prosecutrix alleging that the prosecutrix, who is aged about 16 Years 03 Months is missing from her house at 2.30 hours noon. On the basis of the missing report, the FIR was registered on 06/06/2024 thereafter during investigation on 28/09/2024 the prosecutrix was recovered from the possession of the present applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not committed any sexual intercourse. He would next contend that the applicant has not abducted the prosecutrix and she herself had joined the company of the present applicant which would be evident from her statement under Section 164 Cr.P.C. and the applicant and the prosecutrix are in love relation with each other. He would lastly contend that since the applicant is in jail since 28/09/2024 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. The prosecutrix along with her father appeared in person before this Court and she stated that she has no objection if bail is granted to the applicant. 6. I have learned counsel for the parties and perused the documents. I have perused the statement of the prosecutrix under Section 164 Cr.P.C., which show that no allegation of rape has been leveled against the applicant; the charge-sheet in this case has been filed; and the applicant 3 / 3 is in jail since 28/09/2024. 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