1 2025:CGHC:57274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9166 of 2025 1 - Ajay Kumar Thakur S/o Jogan Singh Thakur Aged About 26 Years R/o Mathpara, Kawardha, District - Kabirdham (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Sarkanda, District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Shri Bharat Rajput, Advocate For Respondent/State : Ms. Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 25/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 507/2024 registered at police station Sarkanda, District Bilaspur (CG) for the offence punishable under SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.28 11:09:35 +0530 2 Sections 363,366,376(2)(n) and 376(3) of IPC and Sections 3/4(2), 5(1)/6 and 5(a)(II)/6 of the Protection of Children from Sexual Offences Act, 2012. 2. Facts of the case are that on 03.05.2024, mother of the prosecurix lodged a report at police station Sarkanda that the applicant is alleged to have abducted and sexually assaulted the prosecutrix who is minor in violation of the above cited provisions of law. Based on the said complaint, the applicant was recovered from his custody and he was arrest. 3. Counsel for the applicant submits that the applicant has been falsely implicated and the allegations are based on circumstantial evidence. He submits that the applicant and the prosecurrix have performed marriage and she became pregnant and the applicant had got her aborted. He submits that the applicant has no previous criminal record and has been in judicial custody since 25.07.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Victim is present before through the concerned DLSA and has no objection in granting bail to the applicant. 3 6. Having heard counsel for the parties and perused the case diary and this Court finds that since they have been married and the prosecutrix has no objection, the applicant is lodged in custody since 25.07.2025, the charge sheet has been filed and the applicant has no prior criminal record. The prosecutrix’s contention of being a major consenting party and the applicant’s denial of guilt raise significant disputed questions of fact to be determined at the trial. Considering the above, the applicant is entitled to the benefit of jail. Accordingly, his bail application is allowed. 7. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge