1 2025:CGHC:55149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8026 of 2025 • Davendra Yadav S/o Ramlal Yadav, Aged About 32 Years R/o Village Devri, Police Station Chandanu, Tahsil Navagarh, District Bemetara (C.G.) ... Applicant(s) versus • State Of Chhattisgarh Through Station House Officer, Police Station Thankhamhariya, District Bemetara (C.G.) --- Respondent For Applicant : Mr. Amit Sahu, Advocate For Respondent/State : Ms. Priya Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/11/2025 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.19/2025, registered at PS -Thankhamhariya, District Bemetara (C.G.), for commission of offence punishable under Sections 137(2), 87, 64(2) (i)(m) of the BNS; Section 6 of the POCSO Act and Section 3(2(v) of the SC/St Act. 2 2. Case of prosecution, in brief, is that on father of minor prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded and based upon which, applicant was arrested in the aforementioned crime. 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 incident, victim was major, she is having love affair with this applicant, she voluntarily went with him and resided together on rented accommodation for about two months. Prosecutrix and her parents examined before the trial Court and they have not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 22.05.2025, 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 submit that applicant is a married person and he has committed the alleged offence/crime with minor victim (aged about 16 years), hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim appeared before this Court by virtual mode from the concerned DLSA and she raised objection in 3 granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the evidence of PW-1 to PW-3 (victim and her father & mother), other material/evidence available in the case diary, 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. Sd/- (Arvind Kumar Verma) Judge J/-