1 2025:CGHC:53626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7484 of 2025 • Dharmendra Marabi S/o Ramnarayan Marabi, Aged About 23 Years R/o Khalpodi, P.S. Lundra, District Surguja (C.G.) ... Applicant versus • State of Chhattisgarh Through - Station House Officer, Police Station -Lundra, District Surguja (C.G.) --- Respondent For Applicant : Ms. Sangeeta Soni, Advocate For Respondent/State : Ms. Laxmin Kashyap, 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.116/2025, registered at PS -Lundra, District Surguja (C.G.), for commission of offence punishable under Sections 346(2)(N), 313, 506 of IPC and Sections 5(L)/6 of the POCSO Act. 2. Case of prosecution, in brief, is that complainant has lodged report to the concerned police station stating that the applicant has committed forceful sexual intercourse with the victim on many 2 occasions and threatened her not to disclose about the said incident to anyone. 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. Victim was examined before the trial Court, she turned hostile and not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 06.06.2025, 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 17 years & 18 days) on several times and also threatened her. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, on 15.10.2025 victim was appeared before this Court by virtual mode from the concerned DLSA and 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 victim was examined before the trial Court and she has not support the case of prosecution, there was love affair between the applicant and victim and on the date of alleged incident victim was aged 3 about 17 years & 18 days, 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/-