1 2025:CGHC:18478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1009 of 2025 Omkar Sinha S/o Lt. Pardeshi Sinha Aged About 20 Years R/o Village Konargarh, Police Station Mulmula, District Janjgir-Champa, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mulmula, District Janjgir-Champa, C.G. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Sumit Singh Rathore, Advocate For Respondent/State : Ms. Laxmeen Kashyap, Penal Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/04/2025 1. Pursuant to the order dated 05.02.2025, the notice issued to the victim/complainant for her appearance was served upon her and Mr. Dheerendra Pandey, Advocate appeared on 28.02.2025 and 03.03.2025 as the counsel for the objector. But the case was adjourned on that day. When the matter was listed for final hearing in the week commencing from 22.04.2025 to 25.04.2025, twice the matter was being called for hearing on 22.04.2025, but no one VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.04.24 19:16:33 +0530 2 appears on behalf of the victim/objector. Even on today, in the repeated calls, no one appears on behalf of the complainant/objector, despite that, the memo of appearance of Mr. Dheerendra Pandey and Mr. Vijay Shankar Mishra is filed in the case on behalf of the complainant/objector. Therefore, this Court proceeds to hear the matter finally. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 10 of 2025, registered at Police Station Mulmula, District Janjgir-Champa (C.G.) for the offence under Sections 64, 351(3), 332(b) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of prosecution in brief is that, on 10.01.2025, the victim lodged a report to the police that she was being sexually exploited by the applicant on 30.12.2024. When she was alone in her house, the applicant came to her house and on the pretext of marriage, he committed rape upon her. The FIR has been registered against the applicant for the offence under Sections 64, 351(3), 332(b) of BNS and Section 4 of POCSO Act. The applicant has been arrested on 10.01.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant. Both of them were in physical relation since May 2024 and they engaged in making 3 consensual physical relation repeatedly till December 2024. It is alleged that in the month of November 2024, when the applicant stated that he is in affair with some other girl. Therefore, the report has been lodged on 10.01.2025. The applicant is in jail since 10.01.2025, final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 6. I have heard learned counsel for the parties and perused the documents annexed with the application. 7. Considering the submissions made by learned counsel for the parties, considering the nature of the allegations and the material collected during the investigation, further considering the age of the victim as well as her 183 BNSS statement, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, on following conditions:- (i) He 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. 4 (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved