1 2025:CGHC:56996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9097 of 2025 1 - Sonam Kaur W/o Sahid Raza Aged About 30 Years R/o Suncity, Atal Nagar Awas Jagdalpur, Police Station Kotwali, District : Bastar(Jagdalpur), Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Jagdalpur, Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Ramsajiwan, Advocate For Respondent/State : Shri K.K.Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.27 11:35:42 +0530 2 in custody in connection with Crime No. 168/2025 registered at Police Station City Kotwali, District Jagdalpur (CG) for the offence punishable under Sections 137(2), 64, 64(2)(m) 296, 115(2), 351(2), 3(5), 49,55 and 127 of BNS and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. 2. As per the prosecution story, in the month of April 2025, co- accused Amit singh @ Chhotu allegedly enticed away the prosecutrix, a minor, to Asna Park where he established physical relations with her. It is alleged that on 17.05.2025, the co-accused took the prosecutrix to Jaipur (Odisha) where both stayed till 19.07.2025 in a rented accommodation and during that period, committed sexual intercourse with her. The allegation against the present applicant is of having assisted the main accused in the said act, having allegedly threatened the prosecutrix and locked the rented premises from outside. During investigation, the prosecutrix was recovered from the custody of the present applicant and he was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. It is submitted that no specific act constituting active participation in the alleged offence has been attributed to the applicant. It is further contended that the only allegation is of alleged assistance and intimidation which is not supported by an independent witness. The age of the prosecutrix is also disputed and the prosecution has not placed any cogent material to establish her minority. He further submits that the applicant is in jail since 18.05.2025, the 3 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 opposed the bail application and submits that the applicant played a facilitating role in the commission of the crime and thus does not deserve the benefit of bail. 5. Mother and the victim were present through the concerned DLSA and have raised objection for grant of bail to the applicant. 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions by the parties and on perusal of the case diary, it appears that the allegation of commission of offence of sexual assault is against the co-accused Amit Singh @ Chhotu. The role of the present applicant appears to be ancillary in nature, primarily confined to allegations of aiding and abetment without direct participation and further that the applicant is in jail since 18.05.2025, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. 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 4 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