1 2025:CGHC:3785 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8935 of 2024 Balram Kashyap S/o Mansingh Kashyap Aged About 18 Years, R/o. Village Lawagaon, Mohlai, P.S. Bhampuri, District Bastar, C.G. ... Applicant versus State of Chhattisgarh Through P.S. Vishrampuri, Kondagaon, C.G., District : Kondagaon, Chhattisgarh. --- Respondent For Applicant : Mr. Lukesh Mishra, Advocate. For Respondent/State : Mr. Prabha Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/01/2025 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.48/2024, registered at PS – Vishrampuri, Kondagaon, C.G. for commission of offence punishable under Sections 137(1), 87, 64, 71 of the BNS and 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/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 2 against him. There was love affair between the applicant and victim, due to which, victim herself went with the applicant. Victim in her evidence has not made any allegation against the applicant. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 29.08.2024, 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, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim 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 there was love affair between the applicant and victim and victim herself went with the applicant, further the fact that victim has not supported the case of prosecution and turned hostile, 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 29.08.2024, 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.