1 2025:CGHC:9605 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 753 of 2025 • Rahul Alias Ashutosh Saini S/o Shri Ramchand Prasad Saini Aged About 21 Years R/o- Khajuri Bhat, Post- Thekua, Police Station- Bhaluni, District- Devariya (U.P.) (Particulars Of Applicant Is Not Mentioned In The Cause Title Of The Impugned Order Sheet). ... Applicant(s) versus • State Of Chhattisgarh Through- S.H.O. Police Station- Saja, District- Bemetara (C.G.) (Particulars Of Respondent Is Not Mentioned In The Cause Title Of The Impugned Order Sheet). --- Respondent For Applicant : Mr. Aman Tamrakar, Advocate. For Respondent/State : Ms. Priya Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 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.228/2024, registered at PS -Saja, District- Bemetara (C.G.), for offence punishable under Sections 137(2), 87, 64(2)(i)(m) of the BNS & Section 6 of the POCSO Act. 2 2. Case of the prosecution is that father of the minor prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered initially against known persons and during course of investigation, prosecutrix was recovered. Her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested on same day in aforementioned crime. 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There was love affair between the victim and the present applicant/accused and they have also performed marriage. He further submits that on the date of alleged incident, victim was major which is also reflecting from the evidence of victim and her father. There is no any other criminal antecedent against the applicant. Applicant is in jail since 29.09.2024, 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. 5. Heard learned counsel for the parties. 6. Victim alongwith her guardian appeared before this Court by virtual mode from the concerned DLSA and raised no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, particularly the submission that present applicant and victim have already performed marriage, which is not opposed by the State Counsel, 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 3 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.