1 2025:CGHC:53657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7862 of 2025 • Sarfaraz Memon S/o. Yasin Memon, Aged About 21 Years R/o. Village Mandol, Police Station City Kotwali, District Rajkot (Gujrat) Present Address - Village Newsa, Police Station Hardi Bazar, District Korba (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Hardibazar, District Korba (C.G.) --- Respondent For Applicant : Ms. Vivek Mishra, Advocate For Respondent/State : Ms. Nupur Trivedi, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/11/2025 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.39/2025, registered at PS -Hardibazar, District Korba (C.G.), for commission of offence punishable under Sections 137(2), 87, 64(2)(M) of BNS and Section 4 & 6 of the POCSO Act. 2 2. Case of prosecution, in brief, is that on 25/03/2025, father of prosecutrix has lodged first information report against the present applicant with accusation/allegation that his daughter is minor and the applicant has allured her on pretext of marriage and established sexual relationship with her without her permission. Based upon report, FIR was registered and during investigation, applicant and prosecutrix were recovered from the jungle at Utrada on 25/03/2025. Based upon her statement, applicant has been arrested in aforementioned crime/offence. 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. Prosecutrix is not a minor girl, she willingly accompanied with applicant as they were in love relationship. Only because, applicant is from different community, he has been falsely implicated in the instant case. There is no any other criminal antecedent against the applicant. Applicant is in jail since 26.03.2025, 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 17 years & 08 months). Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 3 6. Pursuant to order of this Court, victim alongwith her mother appeared before this Court and they raised no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that there was love affair between the applicant and victim and on the date of alleged incident victim was aged about 17 years & 08 months, 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. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-