1 2025:CGHC:1139 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9063 of 2024 Dinesh Sarthi S/o Dukhu Ram Sarthi Aged About 25 Years Resident Of Village And Post Rajrangpara Dhaurabhatha, P.S. Tamnar District Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raigarh, District Raigarh (Chhattisgarh). --- Respondent For Applicant : Mr. Chandresen Chouhan, Advocate For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2025 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.75/2023, registered at Police Station -City Kotwali, Raigarh, District Raigarh (Chhattisgarh), for commission of offence punishable under Sections 363, 366, 376(2) of Indian Penal Code and Section 04 & 06 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that mother of prosecutrix/victim lodged missing report to the concerned Police Station mentioning therein that on 20.01.2023 her daughter went out from the house without intimating anything to the family members and did not return back. Based 2 upon report, FIR was registered initially under Section 363 of IPC against unknown persons. During course of investigation, prosecutrix was recovered on 27.11.2024 and her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in the aforementioned crime/offence. 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. There was love affair between the applicant and victim, both of them went to Jashpur and solemnized marriage in the temple and out of their wedlock, one daughter was born on 08.10.2024. Learned Counsel further submits that victim and her mother in their statements have categorically stated that victim and her daughter are residing peacefully with the family members of the present applicant. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 27.11.2024, 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 aforementioned offence/crime, 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 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 applicant and victim solemnized 3 marriage and out of their wedlock one daughter was born, victim and her daughter are residing peacefully with family members of present applicant, victim and her mother have not raised any objection in granting bail to the applicant, further considering that applicant is not having any previous antecedent and he has not made any attempt to tamper with the prosecution witnesses, period of detention of applicant ie since 27.11.2024, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this 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.