1 2025:CGHC:55681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8262 of 2025 • Satyaprakash Bharti S/o Sattudas Bharti Aged About 24 Years R/o Village Katalbod, P.S. And District Bemetara (C.G.) (Spelling Of Surname Of Applicant Is Wrongly Mentioned Bharati) ... Applicant versus • The State Of Chhattisgarh Through - Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh --- Respondent For Applicant : Mr. Amit Sahu, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/11/2025 1. Neither the victim nor any Counsel on her behalf appeared before this Court, though notice has been duly served, hence, Ms. Sakshi Thakur, Advocate appointed as Amicus Curiae to assist the Court on behalf of the victim/complainant. 2. 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.58/2025, 2 registered at PS -Bemetara, District Bemetara, Chhattisgarh, for commission of offence punishable under Sections 137(2), 64(1), 64(2)m of the BNS & Sections 04 & 06 of the POCSO Act. 3. Case of prosecution, in brief, is that father of prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered from the custody of the applicant. Her statement was recorded and based upon which, applicant has been arrested in the aforementioned crime. 4. 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 incident, victim was major, she is having love affair with the applicant, she willingly went with the applicant and also performed marriage with him. Victim examined before the trial Court as PW-1 and she turned hostile. There is no any other criminal antecedent against the applicant. Applicant is in jail since 19.08.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 5. Per contra, learned State Counsel as well as learned Amicus Curiae opposing the bail application of applicant. 6. Heard learned counsel for the parties. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that victim is having love affair with the applicant, she willingly went with him and also also performed marriage with him, further considering the 3 evidence of the victim (PW-1), 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. Sd/- (Arvind Kumar Verma) Judge J/-