1 2025:CGHC:13101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 944 of 2025 • Suban Lal S/o Shri Kansu Ram Aged About 21 Years R/o Gram Panchayat Kadaikhodra Village - Penwari Thana - Antagarh, Tehsil - Antagarh District - North Bastar Kanker (C.G.). ... Applicant versus • State Of Chhattisgarh Through, Station House Officer, Police Station Antagarh, District - North Baster Kanker (C.G.). ... Respondent For Applicant : Mr. Shreyansh Pathak, Advocate For Respondent State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 19.03.2025 1. The applicant has preferred this Second Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested on 04.04.2024 in connection with Crime No. 16/2024, registered at Police Station Antagarh, District - North Baster Kanker (C.G.) for the offence punishable under Sections 363, 366, 376 and 376(2) of Indian Penal Code and Sections 4 & 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. First bail application filed by the applicant bearing MCRC No. 4133 of 2024 has been dismissed as withdrawn. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.03.19 18:41:37 +0530 2 3. The prosecution story, in brief, is that the victim’s mother has lodged a complaint before Police Station Antagarh, District - North Bastar Kanker (C.G.) on 23.02.2024 alleging that an unknown person by alluring the victim who is aged about 17 years, 10 months and 09 days abducted the daughter of the complainant, therefore, initially an offence under Section 363 was registered before the Police Station Antagarh, District - North Bastar Kanker (C.G.). Thereafter, on the basis of the FIR, investigation was carried out and subsequently offence under Sections 366, 376 and 376(2) of Indian Penal Code and Sections 4 & 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012 have been registered. 4. Learned counsel for the applicant would submit that the applicant is in jail since 04.04.2024 and the victim has already been examined before the trial Court wherein she has not supported the case of the prosecution and the victim in her cross-examination has denied that the present applicant has committed any sexual act with her, thus, he would pray for releasing the applicant on bail. 5. In pursuance of direction given by this Court on 03.02.2025, the victim has appeared before this Court on 03.03.2025 and raised no objection in releasing the applicant on bail. 6. On the other hand, learned State counsel opposes the bail application and would submit that the victim was minor, therefore, any consent given by her, cannot be given any rescue to the applicant or alleged offence. He would further submit that prosecution has collected sufficient material against the applicant, 3 therefore, there was sufficient material for the prosecution to proceed further and would pray for rejection of the bail application. 7. I have heard learned counsel for the parties and perused the case diary. 8. The victim in her cross-examination before the trial Court has denied the overact of rape committed by the applicant and even in the FSL report has not supported the case of the prosecution. 9. Considering this aspect of the matter and also considering the fact that the applicant is in jail since 04.04.2024 and the victim has already been examined before the trial Court wherein she has denied the fact that the present applicant has committed any sexual act with her and also considering the fact that total 24 witnesses have to be examined which will take sometime, therefore, I am of the view that it is a fit case to enlarge the applicant on bail. 10. Accordingly, the second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall 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 concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. 11. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Manish