1 2025:CGHC:9599 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 955 of 2025 • Falendra Vishvakarma S/o Dashrath Vishvakarma Aged About 22 Years R/o Village- Kakrail, Thana- Somni, Distt.- Rajnandgaon, C.G. ... Applicant(s) versus State of Chhattisgarh Through SHO, Out Post- Chikhli, Police Station- Kotwali, Distt.- Rajnandgaon, C.G.(C.G.). --- Respondent For Applicant : Mr. Arvind Prasad, Advocate For Respondent/State : Mr. GL Uike, 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, Mr. Prasoon Agrawal, 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.525/2024, registered at Out Post- Chikhli, Police Station- Kotwali, Distt.- Rajnandgaon, C.G, for offence punishable under Sections 137(2), 64, 64(2)(m), 87 of the BNS and Section 4 & 6 of the POCSO Act. 3. Case of prosecution, in brief, is that father of prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR 2 was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded under Section 161 of Cr.P.C and based upon which, applicant was arrested in aforementioned crime. 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. As per evidence of the victim, she is a consenting party and at the time of alleged incident, she was major. There is no any other criminal antecedent against the applicant. Applicant is in jail since 18.10.2024, 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. They submit that there is specific allegation against the applicant of committing forceful sexual intercourse with minor victim aged about 16 years, 06 months. Hence, he is not entitled for grant of bail. 6. Heard learned counsel for the parties. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, evidence of the victim, 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 3 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.