1 2025:CGHC:9598 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 950 of 2025 • Sulendar Tiwari S/o Indramani Tiwari Aged About 18 Years R/o Village Musra P.S. Manendragarh District Manendragarh (Now Manendragarh Chirmiri Bharatpur)(Chhattisgarh). ... Applicant(s) versus State of Chhattisgarh Through- Station House Officer, P.S. Gandhinagar, District Surguja Chhattisgarh(C.G.). --- Respondent For Applicant : Mr. SR Sinha & Mr. NK Sinha, Advocate For Respondent/State : Mr. Vivek Sharma, 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. Sweksha Sharma, 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.506/2024, registered at PS - P.S. Gandhinagar, District Surguja Chhattisgarh(C.G.), for offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 5(L)/6 of the POCSO Act. 3. Case of the prosecution is that case, the applicant took the minor victim/prosecutrix to his house and committed forceful sexual intercourse 2 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 and her father were examined before the trial Court and they have not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 19.09.2024, 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 victim and her father turned hostile and have 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. 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 3 to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.