1 2025:CGHC:3494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8792 of 2024 1 - Shiva Gandharav S/o Rambihar Gandharav Aged About 21 Years Resident Of Ward No. 16, Village Singhouri, P/s. And Tahsil Bemetara, District Bemetara (Chhattisgarh) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh ... Respondent(s) For Applicant : Shri Amit Kumar Sahu, Advocate For Respondent/State : Ms. Monica Thakur, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 20.01.2025 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. 422/2024 registered at police station Bemetara, District Bemetara (CG) for the offence punishable 2 under Sections 137(2), 87, 64(1), 64(2)(m) and 64(2) of BNS and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Prosecution case in brief is that report was lodged by the mother of the prosecutrix against unknown person alleging that her daughter missing from her lawful guardianship. During investigation, the prosecutrix was recovered from the custody of the applicant and he was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was major and was a consenting party. He submit that she went along with the applicant to different placed without resisting or raising any alarm. He further submits that the prosecutrix and her mother have not supported the case of prosecution. He submits that the applicant is in jail since 17.09.2024, the charge sheet has been filed and 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 the prosecutrix was 17 years and 6 months at the time of incident. 6. Victim and her mother appeared through the concerned DLSA and have raised no objection. 3 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 17.09.2024, the charge sheet has been filed and looking to the fact that the material witnesses-prosecutrix and her mother have turned hostile 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: 2025.01.22 04:53:34 -0500