1 2025:CGHC:55139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8000 of 2025 • Gappu @ Santosh Shrivastav S/o Jagdish Prashad Aged About 28 Years R/o Ward No.2 Dhangardipa P.S. City Kotwali, District Raigarh Chhattisgarh ... Applicant(s) versus • State Of Chhattisgarh Through Station House Officer Chakradhar Nagar District - Raigarh Chhattisgarh --- Respondent For Applicant : Mr. Nitesh Sahu, Advocate For Respondent/State : Mr. Vivek 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.160/2025, registered at PS -Chakradhar Nagar District - Raigarh Chhattisgarh, for commission of offence punishable under Sections 137(2) of BNS & Section 12 of the POCSO Act. 2. Case of prosecution, in brief, is that victim's father appeared before the concerned Police Station and lodged an oral complaint that on 2 19th April 2025 her minor daughter (victim) left her maternal uncle's house without informing him and did not return back. Based upon said oral complaint regarding the victim's enticement and abduction by an unknown person, FIR was registered and during 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 and she has not made any allegation against the applicant in her statement/evidence. There is no any other criminal antecedent against the applicant. Applicant is in jail since 14.06.2025, 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 15 years & 06 months), hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, father of victim appeared before this Court and raised objection in granting bail to the applicant. 7. From the statement of victim recorded under Section 183 of BNSS as also from the evidence of trial Court, it is reflecting that victim is having love affair with this applicant and she voluntarily went with him on the date of incident and resided with him for about 04 days. 3 In her evidence, victim has not made any allegation of rape by this applicant. 8. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the statement/evidence of victim, in which, she has not made any allegation against the applicant, 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. 9. 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/-