1 2025:CGHC:53649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7707 of 2025 Nitesh Tandan S/o Dinesh Tandan Aged About 21 Years R/o Village Lavar, Koni, Police Station Masturi, District - Bilaspur (C.G.) ...Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Sirgitti, District - Bilaspur (C.G.) --- Respondent For Applicant : Mr. CP Lahrey, Advocate For Respondent/State : Mr. Vivek Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/11/2025 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.362/2025, registered at PS -Sirgitti, District - Bilaspur (C.G.), for commission of offence punishable under Sections 137(2), 87, 64 of BNS and Sections 4 & 6 of the POCSO Act. 2 2. Case of prosecution, in brief, is that father of the prosecutrix lodged missing report before the concerned Police Station stating that on 14.07.2025 her daughter (victim/prosecutrix) went to the school but by the evening she didn't returned back to home. During investigation, the police recovered the prosecutrix from the possession of the applicant, her statement was recorded and as per his statement, applicant married her and committed sexual relationship with her. Based upon which, applicant has been arrested in 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 against him. On the date of alleged incident, victim was major, there was love affair between the applicant and victim, she went with the accused-applicant with her own free will. There is no any other criminal antecedent against the applicant. Applicant is in jail since 19.07.2025, 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 applicant has committed forceful sexual intercourse with minor victim (aged about 16 years, 10 months). Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, father of victim is present this Court and he raised objection in granting bail to the applicant. 3 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that there was love affair between the applicant and she went with the accused-applicant with her own free will, 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 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/-