1 2025:CGHC:12153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1035 of 2025 1 - Mahendra @ Dharmendra Khairwar S/o Birjhu Khairwar (Correct Name Birjhu Singh) Aged About 25 Years R/o Kameshwar Nagar, P/s Sanawal, Distt. - Balrampur-Ramanujganj Chhattisgarh ...Applicant(s) versus 1 - State Of Chhattisgarh Through Police Of Police Station Raghunathnagar, Distt. - Balrampur-Ramanujganj Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Rahul Mishra, Advocate For Respondent/State : Ms. Vaishali Mahilong. PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 11/03/2025 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. 99/2023 registered at police station Raghunathnagar, District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 363,366,376(2)(<) of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2 2. As per prosecution case, the prosecutrix and the applicant were known to each other and had love affair between them. When the mother of the prosecutrix had objected she went along with the applicant on 23.04.2023 to Mathpara, Ambikapur and were residing in a rental house where they developed physical relations. It is alleged that they resided together for one month and returned to the village of her grandmother and after about one month the applicant took her to Subhashnagar, Ambikapur where they were residing together and on 12.11.2024, she was recovered from the custody of the applicant by the police and the applicant was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix and the applicant were having love affair and she was a consenting party. 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. Victim appeared through the concerned DLSA and she has no objection if the applicant is granted bail. 6 Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that the prosecutrix and the applicant were having love affair and she had resided with the applicant of her own, developed physical relations with 3 him and 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 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 SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.18 11:36:46 +0530