1 2025:CGHC:9262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9014 of 2024 1 - Sunil Das Manikpuri S/o Dinadas Manikpuri Aged About 20 Years R/o Village Ghotwani Tahsil - Saja, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Chuikhadan, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Tarendra Kumar Jha, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 184/2024 registered at police station Chhuikhadan, District Khairagarh-Chuikhadan, Gandai (CG) for the offence punishable under Sections 363,366 and 376(2)(j)(n) and Sections 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012. 2 2. Case of the prosecution in brief is that on 20.06.2024, brother of the victim has lodged a report alleging that his sister aged about 16 years and 6 months is found missing and that she has been allured by some unknown person. On the basis of the said report, offence was registered and recovered from the custody of the applicant. She was medically examined an the applicant was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was aged major and was having love affair with the applicant. He further submits that there was consensual relation between the appellant and the prosecutrix. He submits that the applicant is in jail since 27.06.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the victim is aged about 16 years and 6 months. 6. Victim appeared through the concerned DLSA and has raised objection. 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 27.06.2024, the charge sheet has been filed and looking to the fact that there was consensual relation and that she has not supported the prosecution case in her statement under Section 164 Cr.P.C. and that the final disposal of the trial is likely to take 3 sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.25 10:52:14 +0530