1 2025:CGHC:9284 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 213 of 2025 • Rakesh Verma S/o Arun Verma Alias Golu Aged About 22 Years R/o Ward No. 13, Kathiya No. 1, P.S. Ksharora, District- Raipur, Chhattisgarh ...Applicant(s) versus • State of Chhattisgarh Through P.S. Tilda Newra, Raipur (Chhattisgarh) --- Respondent For Applicant : Dr. Shiv Kumar Shrivastava, Advocate For Respondent/State : Ms. Sunita Manikpuri, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/02/2025 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.347/2024, registered at PS - Tilda Newra, Raipur (Chhattisgarh), for commission of offence punishable under Sections 137(2), 65(1), 351(3), 49 & 3(5) of BNS, Section 4 of the POCSO Act and Section 3(2)(v)(2) of the SC/ST Act. 2. Case of prosecution, in brief, is that main accused (Suryadev Dhiwar) with the help of present applicant abducted the minor victim and took her in the bushes of jungle at Chocholi Tample and, thereafter, main accused has committed forceful sexual intercourse with her. Based upon report, applicant was arrested against the applicant in the aforementioned crime. 2 3. Learned counsel for the applicant submits that applicant has not committed any offence as alleged against him. Name of the applicant was not mentioned in FIR, he has been implicated in this case only on the basis of statement of main accused. Neither the victim nor any other prosecution witnesses in their evidence have made any allegation against the present applicant. There is no any other criminal antecedent against the applicant. Applicant is in jail since 05.08.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that there is specific allegation against the applicant of committing the aforementioned offence/crime, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Victim alongwith her guardian appeared before this Court and not raised any objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that name of the applicant was not mentioned in FIR, he has been implicated in this case only on the basis of statement of main accused, neither the victim nor any other prosecution witnesses in their evidence have made any allegation against the present applicant, 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. 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 3 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. 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.