1 2025:CGHC:61903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9748 of 2025 • Kamesh Kumar Alias Atul Sahu S/o Shekhar Sahu Aged About 19 Years R/o - Junwani Purani Basti Chowki Smriti Nagar, Police Station - Supela, District - Durg (C.G.) ... Applicant. versus • State Of Chhattisgarh Through The Police Station Supela, Op Smriti Nagar, District - Durg (C.G.) (As Per Annexure A-1). --- Respondent For Applicant : Mr. Imran Ahmad, Advocate on behalf of Mr. Ishan Verma, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 19/12/2025 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.984/2025, registered at PS -Supela, OP Smriti Nagar, District - Durg (C.G.), for commission of offence punishable under Sections 137(2), 87, 64(2) (m) of BNS and Sections 05(L) & 06 of the POCSO Act. 2. Case of prosecution, in brief, is that on 21/06/2024 the applicant/accused, by deceitfully promising marriage, lured and enticed the minor victim (aged about 15-16 years) away from the 2 lawful custody of her parents without their consent. Accused took the victim to the house of his friend, where during the period from 21/06/2024 to 29/10/2024, he repeatedly and forcibly subjected her to sexual intercourse against her will and consent. Based upon report, FIR was registered and 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. On the date of alleged incident, victim was major and there was love affair between the applicant and victim. There is delay of about 10 months in lodging of FIR, which has not been explained properly by the prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 21.08.2025, conclusion of trial may take some time, hence, applicant may be released on bail. Learned Counsel also pointed out that before the Court below at the time of hearing of bail application of applicant, victim has not raised any objection in granting bail to the applicant. 4. Per contra, learned State Counsel opposing the bail application of the applicant. 5. Since, service report of notice of victim is awaited, Ms. Nilu Singh, Advocate, who is present before this Court is now appointed as Amicus to assist the Court on behalf of the victim. She submits that looking to the nature of offence, applicant may not be released on bail. 3 6. Heard learned counsel for the parties. 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, the fact that before the Court below at the time of hearing of bail application of applicant, victim has not raised objection in granting bail to the applicant, further the fact that at the time of lodging of report, age of victim is 16 years and aged of applicant is 19 years, 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/-