1 2025:CGHC:42788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1280 of 2025 Rohan Pandit S/o Shri Sikandar Pandit Aged About 27 Years R/o B- 32, Vikas Nagar, Kusmunda, District- Korba, C.G. Presently Residing In Agroha Colony Raipur, Distt- Raipur Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through- Station House Officer- Police Station D.D. Nagar Distt- Raipur Chhattisgarh. ... Non-applicant For Applicant : Mr. Ashutosh Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 184/2025, registered at Police Station - D.D. Nagar, Raipur District - Raipur (C.G.) for the offence punishable under Sections under Section 146 of BNS 2023, 79 of Kishore Nyay Adhiniyam (Juvenile Justice Act) and Section 3 & 14 of the child Labour (Prohibition and Regulation) Act. 2. As per the prosecution story, a Complaint was Lodged Before the Child Welfare Committee Raipur that on 24/04/2025 the Officer of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.23 11:33:38 +0530 2 I.C.A.U.W along with Labour inspector and the Police staff of D.D. Nagar inspected the Premises under the Name of Ashoka biryani (Restaurant) they found a girl who is below the age of 18 working on the said premises and rescued her from the respective premises. On the statement given by the Complainant the Police station D.D. Nagar made an F.I.R against the present Applicant. 3. The applicant submits that he is innocent and has been falsely implicated at the instance of the complainant, as the FIR is totally fabricated. It is stated that the applicant was not present at the time of inspection, and the girl, aged about 17 years and 4 months, was neither forced by the applicant nor engaged in any hazardous occupation; rather, she was voluntarily working as a waitress to support her family, and her mother has also filed an affidavit in this regard (Annexure A/2). A bare reading of the FIR does not disclose the essential ingredients of the alleged offences. The applicant is a young man of 27 years who has recently started his business and, if arrested, his reputation in society would be irreparably damaged despite being innocent. He is a permanent resident of the given address, undertakes to cooperate with the investigation, is not likely to abscond, and is ready to furnish adequate surety and comply with all conditions imposed by this Hon’ble Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking into account that the victim was aged about 17 years and 4 months and was employed in the restaurant of the applicant as a trainee, and that the mother of the victim has filed an affidavit stating that she herself was also working in the said hotel and that her daughter was working only as a trainee, it is further submitted that as per Section 3/14 of the Child Labour (Prohibition and Regulation) Act, services taken forcefully from children below the age of 14 years are prohibited, whereas in the present case the victim was aged about 17 years and 7 months. Therefore, this Court, without expressing any opinion on the merits, is inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rohan Pandit, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo 4 having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav