1 2025:CGHC:55955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8195 of 2025 1 - Shyam Sen S/o Ramkripal Sen Aged About 53 Years R/o Vindhyavasini Ward Near Kargil Chowk Dhamtari, P.S. Kotwali, District- Dhamtari (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Kondagaon, District- Kondagaon (C.G.) ... Respondent(s) For Applicant(s) : Shri Prasoon Agrawal, Advocate For Respondent/State : Ms. Sunita Manikpuri, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/11/2025 The applicant has filed this bail application under Section 483 of the BNSS for grant of regular bail as he is in custody in connection with Crime No. 203/2025 registered at police station Kondagaon, District Kondagaon (CG) for the offence punishable under Sections 64, 65(1) and 351 b(2) of BNS and Section 4 of the POCSO Act. 2 2. Case of the prosecution in brief is that the applicant is a barber running a saloon at village Shampur, District Kondagaon. A complaint was made by the mother of the prosecutrix for obtaining money, had lodged FIR against the applicant that on 30.05.2025, the applicant went to the house of the prosecutrix and took her with him to Kondagaon. Subsequently, friend of the prosecutrix informed her mother that the applicant had forcibly committed sexual intercourse with her. On the basis of the said report, the applicant was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that in the letter given by the mother of the prosecutrix, she has been asked to falsely support the case of prosecution. It is also submitted that the father of the victim has also made a letter to the police station stating that the mother of the prosecutrix has made a false report and the MLC report was also negative. He therefore submits that prima facie it is a case of false implication. He submits that the applicant is in jail since 04.06.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 6. Victim and her father appeared through the concerned DLSA and have raised no objection. 3 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 04.06.2025, the charge sheet has been filed and looking to the fact that the FSL was negative and no external or internal injuries were found on the body of the prosecutrix and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.19 10:53:12 +0530