1 2025:CGHC:7406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 720 of 2025 1 - Shiva Nirmalkar S/o Bahoran Nirmalkar Aged About 19 Years R/o Kapadah, Police Station Pandariya, District- Kabirdham (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through-Station House Officer, Police Station - Salhewara, District - Khairagarh - Chuikhadan - Gandai (C.G.) ... Respondent(s) For Applicant : Shri Abhishek Sharma, Advocate For Respondent(s) : Ms. Vaishali Mahilong, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 05/2024 registered at police station Salhewara, District Khairagarh-Chhuikhadan-Gandai (CG) for the offence punishable under Sections 363,366 A and 376(2)(J)(N) of SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.13 12:04:42 +0530 2 BNS and Section 5 (J)(ii)(L)/6 of the Protection of Children from Sexual Offences Act, 2012. 2. Prosecution case in brief is that on 14.02.2024, report was lodged by the father of the prosecutrix alleging that his daughter is missing from lawful guardianship since 12.02.2024 and thereafter, he brought his daughter to the police station where the prosecutrix has stated that she was having love affair with the applicant and was residing with him since two months. It is alleged that a dispute arose between them and she returned to her parents house. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was aged about 16 years, eleven months and was having love affair and residing together for about two months. He further submits that there is contradiction in her statement recorded under Section 161 and 164 Cr.P.C. He submits that the applicant is in jail since 01.07.2024, 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 and submits that the prosecutrix was carying two months pregnancy which has been confirmed by the MLC report of the doctor (PW-8). 6. Victim and her mother appeared through the concerned DLSA and have raised 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 01.07.2024; the charge sheet has been filed; the fact that the prosecutrix was having love affair with the applicant, the statement of the victim has been recorded before the trial court and she has specifically stated that she is not pregnant 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