1 2025:CGHC:9005 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9143 of 2024 • Sanjay Raj S/o Mahadev Raj Aged About 19 Years R/o Bhutabahra Police Chowki- Bhawarpur, P.S.- Basna Dist.- Mahasamund Chhattisgarh ... Applicant versus • State Government Through P.S. Basna, Dist.- Mahasamund Chhattisgarh --- Respondent For Applicant : Mr. Sumit Singh, Advocate For Respondent/State : Ms. Vailshali Mahilong, PL. For Objector : Mr. Sajal Gupta, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20/02/2025 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.540/2023, registered at PS - Basna, Dist.- Mahasamund Chhattisgarh, for commission of offence punishable under Sections 363, 376, 506 of IPC and Section 4 & 6 of the POCSO Act. 2. Case of prosecution, in brief, is that parents of the prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered against known persons. During course of investigation, prosecutrix was recovered from the custody of co-accused Dilesh Bariha. Her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in aforementioned crime. 2 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 herself went with the co-accused to Shivrinarayan, the only allegation against the applicant that he helped them by giving lift on his motorcycle. There is no any other criminal antecedent against the applicant. Applicant is in jail since 12.06.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel as well as learned counsel for the objector, opposing the bail application of the applicant and submits that there is specific allegation against the applicant of committing forceful sexual intercourse with minor victim aged about 16 years and 09 months, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that victim herself went with the co- accused to Shivrinarayan, role of the present applicant in the alleged crime/offence, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. 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. 3 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.