1 2025:CGHC:60395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9782 of 2025 • Deepak Kumar Barman S/o Amar Das Barman Aged About 19 Years R/o Village- Gadamor, Tahsil And Police Station- Jaijaipur, District : Sakti, Chhattisgarh. ... Applicant. versus • State Of Chhattisgarh Through The District Magistrate, Sakti, District : Sakti, Chhattisgarh --- Respondent For Applicant : Mr. Kanhaiya Ram Yadav, Advocate For Respondent/State : Ms. Priya Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11/12/2025 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.235/2025, registered at PS -Jaijaipur, District- Sakti Chhattisgarh, for commission of offence punishable under Sections 137(2), 64(2)(m), 87, 351(2) of the BNS, Section 4 & 6 of the POCSO Act & Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2 2. Case of prosecution, in brief, is that complainant (parents of minor prosecutrix/victim) lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered from the possession of present applicant on 30.08.2025. Her statement was recorded under Sections 180 & 183 of the B.N.S.S, in which, she stated that on 28.08.2025 (present applicant and his friends Gorelal Yadav & Virendra Lahare) took her to Shivrinarayan by motorcycle and, thereafter, present applicant took her to Masturi and established physical relationship with her on the pretext of marriage. Based upon her statement, present applicant has been arrested in the alleged offence/crime. 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, there was love affair between present applicant and victim, victim willingly went with him to Masturi and resided with him about 02 days. There is no any other criminal antecedent against the applicant. Applicant is in jail since 31.08.2025, 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 alleged offenc/crime with minor victim (aged about 17 years, 24 days), hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 3 6. Pursuant to order of this Court, victim alongwith her parents appeared before this Court and she raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, the fact that there was love affair between the victim and present applicant, victim resided with the applicant about 02 days in Masturi without raising any alarm, further considering that applicant is not having any other criminal antecedent, 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/-