1 2025:CGHC:9001 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8999 of 2024 Khileshwar @ Himeshwar @ Bau Tarak S/o Bandhi Tarak Aged About 21 Years (Correct Name Is Khileshwar), Resident Of Baroda, P.S. Abhanpur, District - Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station Kunda, District - Kabirdham, Chhattisgarh. --- Respondent For Applicant : Mr. Ravi Maheshwari, Advocate For Respondent/State : Ms. Sunita Manikpuri, 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.154/2024, registered at PS - Kunda, District – Kabirdham, Chhattisgarh, for commission of offence punishable under Sections 137(2), 87, 64(1), 65(1), 3(5) of IPC & Section 4(2) of the POCSO Act & Section 3(2)(V), 3(2)(v-a) of the SC/ST Act. 2. Case of prosecution, in brief, is that Khuman Das (main accused) abducted the minor victim with the help of the present applicant and thereafter, main accused has committed sexual intercourse with the victim (aged about 14 years, 07 months) on the pretext of marriage. Based upon report, FIR was registered against the applicant and he has 2 been arrested. 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. There was love affair between the main accused and victim, victim herself went with him to Raipur on the motorcycle. The only allegation against the present applicant is that he helped them by giving lift to Raipur. There is no any other criminal antecedent against the applicant. Applicant is in jail since 03.09.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application of the applicant. 5. Heard learned counsel for the parties. 6. Victim is not appeared before this Court, though notice has been duly served upon her father. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that there was love affair between main accused and victim, victim herself went with him to Raipur on the motorcycle, further considering that role of present applicant in the alleged crime/offence, 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. 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- 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 3 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.