1 2025:CGHC:7868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 780 of 2025 1 - Shivam Bharti S/o Dilip Bharti Aged About 19 Years R/o Vill- Pattharra, P.S. Old Bhilai District- Durg ( C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through- P.S. Fingeshwar, Dist- Gariyaband ( C.G.). ... Respondent(s) For Petitioner(s) : Shri Purnchand, Advocate For Respondent/State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 314/2024 registered at police station Fingeshwar, District Gariyaband (CG) for the offence punishable under Sections 137(2),87 and 64(2)(m) of BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2 2. Prosecution case in brief is that the applicant was having love affair with the prosecutrix and she eloped with him and got married. It is further case of prosecution that she resided with the applicant in his house for about five months and they developed physical relations however, after about two months, the applicant committed maar peeth with her and therefore she left his companionship and went to her sister at Mahasamund from where her parents were informed and thereafter, report was lodged. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was aged about 16 years six months and was having love affair and after getting married, they were residing together for about five months. He submits that the applicant is aged about 19 years and only earning member of the family and in her statement she has clearly stated that she was residing with the applicant happily. He submits that the applicant is in jail since 21.10.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the prosecutrix was aged about 16 years and 6 months. 6. Victim and her father were present before this Court and have raised objection. 7. Heard counsel for the parties and perused the record. 3 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 21.10.2024; the charge sheet has been filed; the fact that the prosecutrix was having love affair with the applicant, the statement of the victim has been recorded before the trial court and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.15 13:08:15 +0530