1 2025:CGHC:4078 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8856 of 2024 • Abhishek Sahu S/o Shri Jairam Sahu, Aged About 22 Years R/o Surajpura, Police Station-Kunda, District-Kabirdham (C.G.) ... Applicant versus • State of Chhattisgarh Through-The Station House Officer, Police Station- Pathariya, District-Mungeli (C.G.). --- Respondent For Applicant : Mr. RR Soni, Advocate. For Respondent/State : Mr. Pushpalata Khalkho, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2025 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.42/2024, registered at PS – Pathariya, District-Mungeli (C.G.), for commission of offence punishable under Sections 363, 366, 376, 376(2)(n) of IPC & Sections 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that present applicant has abducted the minor prosecutrix/victim and thereafter committed forceful sexual intercourse with her. Based upon report, FIR was registered and applicant was arrested in the 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. Statements of victim and her mother & father are not reliable 2 as there are many contradiction and omission in their statements. As per complaint and allegation levelled against applicant itself, it is apparent that prosecutrix is a consenting party. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 02.06.2024, 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 aforesaid offence/crime with minor victim aged about 17 years, 02 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 mother appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, nature of allegations, submission of learned counsel for applicant that prosecutrix was not minor on the date of incident and she was a consenting party, 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 02.06.2024, 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- 3 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.