1 2025:CGHC:58230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8697 of 2025 • Abhay Hathel S/o Ramesh Hathel Aged About 19 Years R/o Podi Dafai, Labour Block, Ward No. 03, Police Station - Podi, District - Manendragarh-Chirmiri-Bharatpur (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Police Station Chirmiri, District - Manendragarh-Chirmiri-Bharatpur (C.G.) --- Respondent For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondent/State : Ms. Nupur Trivedi, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 01/12/2025 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.129/2024, registered at PS -Chirmiri, District - Manendragarh-Chirmiri- Bharatpur (C.G.), for commission of offence punishable under Sections 363, 366, 376, 34 of the IPC and Section 4 of the POCSO Act. 2 2. Case of prosecution, in brief, is that present applicant took the minor victim in his house and committed sexual intercourse with her on the pretext of marriage. Based upon report, FIR was registered and applicant has been arrested in the aforesaid 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 and her mother were examined before the trial Court as PW- 1 & PW-2, they turned hostile and not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 20.04.2024, 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 the aforesaid offence/crime with minor victim (aged about 14 years and 09 months). 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, victim and her mother were appeared before this Court on 20.11.2025 by virtual mode from the concerned DLSA and they raised no objection in granting bail to the applicant. 3 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that victim and her mother have turned hostile and they have not supported the case of prosecution, 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/-