1 2025:CGHC:57028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7982 of 2025 1 - Sunil Kumar Khunte S/o Raju Khunte Aged About 20 Years R/o Village - Jamgahan, Police Station - Malkharauda, District - Sakti Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Malkharauda, District Sakti Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Dharmesh Shrivastava, Advocate For Respondent/State : Ms. Nupur Trivedi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/11/2025 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. 59/2024 registered at police station Malkharouda, District Sakti (CG) for the offence punishable SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.27 11:35:42 +0530 2 under Sections 363,366,376(2)(n) IPC and Sections4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. As per the prosecution case, on 06.02.2024, father of the minor victim lodged a missing report alleging that his minor daughter who was studying in class 10, went missing from her home in the morning of 05.02.2024. It is alleged that he was having suspicion of kidnapping by unknown person. However, during investigation the victim was recovered from the custody of the applicant and he was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case and the prosecution case is based on delayed and fabricated allegations. Ir is further submitted that the victim eloped with the applicant of her own volition and subsequently married with him. He submits that in the medical examination report, there were no signs of recent sexual intercourse or injury thereby negating the charge of rape. Lastly, he submits that the applicant is in jail since 23.05.2025, 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. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that offences alleged against the applicant are serious in nature, involving abduction and sexual assault of a minor girl and therefore the bail application be rejected. 5. Victim and her father appeared through the concerned DLSA and they have no objection in granting bail to the applicant. 3 6. Having considered the rival submissions, the nature of allegations, the fact that the applicant is in custody since 23.05.2025, the investigation has been completed and the charge sheet has been filed, the victim has already been examined before the trial court 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. 7. 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/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she 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