1 2025:CGHC:2530 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8732 of 2024 Vasudev Dhruv S/o Faganuram Dhruv Aged About 18 Years R/o Village Beltara, Police Station Rudri, District Dhamtari Chhattisgarh (Description of Applicant Mentioned As Per Charge Sheet) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Of Police Station Rudri, District Dhamtari Chhattisgarh. --- Respondent For Applicant : Mr. Anil Gulati, Advocate. For Respondent/State : Ms. Pushpalata Khalkho, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 15/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.49/2024, registered at PS – Rudri, District -Dhamtari, (C.G.), for commission of offence punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code & Section 6 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution, in brief, is that father of the prosecutrix/victim lodged missing report to the concerned Police Station mentioning therein that her daughter went out from the house without intimating anything to her family members and she did not return back. Based upon the report, FIR was registered initially under Section 363 of the IPC against known persons. During course of investigation, the prosecutrix was recovered 2 and her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim and her father and mother have examined before the trial Court, they have turned hostile and not supported the case of prosecution. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 14.06.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the alleged offence/crime with minor victim aged about 16 years and 05 months, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her mother is appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having no objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that victim and her mother & father have turned hostile and have not supported the case of prosecution, further considering that there is no evidence/material which shows that applicant has made any attempt to tamper with the prosecution witnesses, applicant is not having any previous antecedent, period of detention of applicant ie since 14.06.2024, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this 3 bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.