1 2025:CGHC:4310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9061 of 2024 1 - Devdas Sonwani S/o Rajesh Sonwani Aged About 18 Years R/o Ward No. 2, Shanti Nagar, Bagbahara, Police Station- Bagbahara, District- Mahasamund ( C.G. ). ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer- Police Station- Bagbahara, District- Mahasamund ( C.G. ). ... Respondent(s) For Applicant (s) : Shri Syed Mohammad Sohail Afzal, Advocate. For the State : Shri G.L. Uike, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 23/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.210/2024 registered at Police Station Bagbahara, District Mahasamund (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(M) of BNS and Sections 4, 6 of POCSO Act. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.25 17:22:30 +0530 2 2. The allegation against present applicant is that he abducted a 16-year- old girl and committed repeated sexual assault. 3. Learned counsel for the applicant submits that the allegations are baseless and fabricated. The applicant's involvement is falsely implicated due to ulterior motives. The victim's mother, in her affidavit, clarified that the victim left the house due to personal disputes and denied any connection between the victim and the applicant. The applicant has been in judicial custody since his arrest on 07.08.2024. The trial process is likely to take significant time, and keeping the applicant in custody would violate his fundamental rights under Article 21 of the Constitution, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Today victim appeared before this Court through video conferencing and submits that she has no objection with regard to grant of bail to the applicant. 6. Heard learned counsel for both the parties. 7. Considering the entire facts and circumstances of the case there is affair between the victim and applicant, age of the victim is more than 16 years 8 months and 24 days, he is in jail since 07/08/2024, trial will take more time and there is no previous criminal antecedent, charge- sheet has already been filed by the trial Court and charges were framed, the material witnesses have already been examined and mother of the victim have examined before the trial Court and they did 3 not deposed anything about commission of rape against the applicant, considering the entire facts and circumstances of the case, without commenting anything on merits of the case, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant - Devdas Sonwani shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE Kamde