1 2025:CGHC:53650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7603 of 2025 Anish Thakur S/o Late Shri Lakhan Thakur Aged About 21 Years R/o Village- Jaitgiri, Police Station- Frejapur (Parpa) Jagdalpur, District Bastar C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Police Station- Frejapur (Parpa), District Bastar C.G. --- Respondent For Applicant : Mr. Aditya Mishra, 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.61/2025, registered at PS -Frejapur (Parpa), District Bastar C.G, for commission of offence punishable under Sections 137(2), 87, 64, 64(2)(m), 49 of BNS and Sections 06 & 17 of the POCSO Act. 2. Case of prosecution, in brief, is that on 22.03.2025, father of the victim lodged a report before the concerned Police Station stating 2 that her 17-year-old daughter had gone missing on 17.03.2025 after informing the family that she was going to a medical shop. During the course of investigation, it was revealed that the accused-Anish Thakur, who had been known to the victim for the past two years, lured her on the false pretext of marriage by posing as a marriage coordinator. Accused took her to the house of his maternal uncle's friend and on 18.03.2025, he allegedly established physical relations with the victim multiple times against her will, assuring her that he would marry her. On 22.03.2025, the police recovered accused/applicant alongwith the victim. 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 with her own free will. There is no any other criminal antecedent against the applicant. Applicant is in jail since 22.03.2025, 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 17 years, 10 months & 20 days) on several times. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 3 6. Pursuant to order of this Court, victim appeared before this Court by virtual mode from the concerned DLSA and raised no objection in granting bail to the applicant. 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 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/-