1 2025:CGHC:9606 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 779 of 2025 • Nilandri Dev Banjara S/o Girdhari Banjara Aged About 19 Years R/o Thakurdiya, P.S. - Kasdol Distt. Balodabazar-Bhatapara Chhattisgarh. ... Applicant(s) versus • Ste Of Chhattisgarh Through Station House Officer, P.S. - Kasdol Balodabazar-Bhatapara Chhattisgarh. --- Respondent For Applicant : Mr. Aishwarya Dubey, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 1. Victim is not appeared before this Court, though notice has been duly served, hence, Ms. Priya Jain, Advocate appointed as Amicus Curiae to assist the Court on behalf of the victim/complainant. 2. 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.329/2024, registered at PS - Kasdol Balodabazar-Bhatapara Chhattisgarh, for offence punishable under Sections 137(2), 87, 64 of the BNSS and Sections 4 & 6 of the POCSO Act. 3. Case of the prosecution is that case, present applicant abducted the minor victim/prosecutrix and took her to Orrrisa and, thereafter, 2 Hyderabad and during that time committed forceful sexual intercourse with her. Based upon the report, FIR was lodged and applicant has been arrested. 4. 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. Victim herself went the applicant and not raised any alarm during travel with him. Medical evidence also not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 04.12.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 5. Per contra, learned State Counsel as well as learned Amicus Curiae opposing the bail application of the applicant. 6. Heard learned counsel for the parties. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, particularly the submission that during travel with the applicant, victim has not raised any objection/alarm, medical evidence also not supported the case of prosecution, 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 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. 3 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.