1 2025:CGHC:9590 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 669 of 2025 Abhishek Sagar @ Raju Sarthi S/o Jaishyam Sagar Aged About 20 Years R/o Village Kalgideepa Out Post Kanakbeera P.S. Sarangarh District - Sarangarh - Bilaigarh (C.G.) (Description Of Applicant Mentioned As Per Charge Sheet ) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Of Police Station Basna District - Mahasamund (C.G.). --- Respondent For Applicant : Mr. Anil Gulati, Advocate. For Respondent/State : Ms. Pragya Shrivastava, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 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.530/2024, registered at PS -Basna District - Mahasamund (C.G.), for offence punishable under Sections 137(2), 64(2) read with Section 3(5) of the BNS, Section 4 & 6 of the POCSO Act and Section 3(2)(v) of the SC/ST Act. 2. Case of the prosecution is that father of prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered initially against known persons and during course of investigation, prosecutrix was recovered. Her statement was recorded 2 under Section 161 of Cr.P.C, based upon which, applicant was arrested in aforementioned crime. 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. As per prosecution story, main accused Dhanuraj Vishwakarma took the victim at Nawagarh on motorcycle and, thereafter, committed forceful sexual intercourse with her. The only allegation against this applicant is that he helped the main accused in the alleged commission of crime/offence. There is no any other criminal antecedent against the applicant. Applicant is in jail since 17.11.2024, 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. 5. Heard learned counsel for the parties. 6. Victim alongwith guardian appeared before this Court by virtual mode from concerned DLSA and raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, particularly the submission that the main accused is Dhanuraj Vishwakarm and the role of this applicant in the alleged commission of crime/offence, 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 3 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.