1 2025:CGHC:9924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 996 of 2025 1 - Sukhdev Chandraker S/o Pirthi Lal Chandraker Aged About 24 Years R/o Vill.- Gidhwa, P.S. - Dadhi, Distt Bemetara (Cg) ... Applicant(s) versus 1 - State Of Chhattisgarh P.S. - Dadhi, Distt Bemetara (Cg) ... Respondent(s) For Petitioner(s) : Shri Rakesh Kumar Thakur, Advocate For Respondent/State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/02/2025 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. 157/2024 registered at police station Dadhi, District Bemetara (CG) for the offence punishable under Section 64 of the BNS; Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (1)(XII) of the SC/ST (Prevention of Atrocitie) Act. 2. Prosecution case in brief is that on 2.11.2024, report was lodged by the mother of the victim alleging that when the prosecutrix had gone SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.01 13:39:16 +0530 2 to attend the natures call, the applicant had committed forceful sexual intercourse with her daughter who is minor. It is alleged that she went to the place of incident along with her younger daughter and on seeing her, the applicant ran away. When she went to the house of the applicant and narrated about the incident to his family members, he denied the allegation and the report was lodged against the applicant. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the victim had come in contact with the applicant through instagram and they were having love affair and she was a consenting party. He submits that the prosecutrix has denied the allegation made against the applciant.He further submits that the applicant is in jail since 13.11.2024, 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. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Notice has been duly served upon the grandmother of the victim but none appeared. Shri Sangeet Kumar Kushwaha, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim. 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that the applicant is in jail since 13.11.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take 3 sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. 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/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she 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