1 2025:CGHC:7916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 945 of 2025 • Tamesh Kumar Nareti S/o Shri Dhanaji Nareti Aged About 22 Years By Caste- Gond, R/o Village- Danpattari, Tahsil- Durgukondal, District North Baster Kanker, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through, Station House Officer, Police Station- Lohattar, District North Baster Kanker, Chhattisgarh ... Respondent For Applicant : Mr. Rajendra Patel, Advocate appears on behalf of Mr. Shreyansh Pathak, Advocate For State : Mr. Anurag Tripathi, PL Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 14/02/2025 1. This is the third application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.02.14 16:34:43 +0530 2 been arrested in connection with Crime No.07/2022 registered at Police Station Lohattar, District North Baster Kanker (C.G) for the offence under Sections 363, 366, 376, 376(2)(n) of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The first bail application of the applicant was dismissed with liberty to file afresh after examination of the prosecutrix vide the order dated 11.07.2023 passed in MCRC No.3365/2023. The second bail application of the applicant was dismissed as withdrawn with a direction to the trial Court to conclude the trial expeditiously vide the order dated 05.03.2024 passed in MCRC No.614/2024. 3. Prosecution case in brief is that on 14.04.2022, mother of the prosecutrix lodged a report in Police Station Lohattar, stating that the applicant has been physically exploiting her minor daughter since long. The applicant has taken the prosecutrix in the forest area and to various other places, and thereafter committed sexual intercourse with her on the pretext of marriage. Hence, the aforesaid offence has been registered. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that while dismissing the second bail application on 05.03.2024, a direction has been given to the trial Court to conclude the trial expeditiously, however, till date, trial has not been concluded. He further submits that the applicant is in jail since 13.02.2023. He would submit that now, the victim herself has given an affidavit in support of the bail application since she has attained majority. He would further submit that the 3 applicant is a young man aged about 22 years. Therefore, considering all these aspects, the applicant may be enlarged on bail. 5. Per contra, learned counsel for the State opposes the aforesaid submission. However, he fairly admits that the affidavit which has been filed by the victim has been duly verified and she had not opposed the prayer for bail and further, now, she has attained the age of majority also. 6. Having considered the submissions of learned counsel for the parties and considering the facts and circumstances of the case and particularly considering that the victim has already been examined and she has given an affidavit in support of the bail application and further considering that the applicant is in jail since 13.02.2023 and the conclusion of trial is likely to take considerable time, I am inclined to release the applicant on bail. 7. Accordingly, the Application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. 8. Certified copy as per rules. Sd/- (Deepak Kumar Tiwari) Judge Priyanka