1 2025:CGHC:10401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1196 of 2025 1 - Suryakant Sahu S/o Ramswaroop Sahu Aged About 23 Years R/o Pataud, Police Station- North Bastar Kanker, District North Bastar Kanker, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Kanker, District North Bastar Kanker, Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri D.N.Prajapati, Advocate For Respondent/State : Ms. Vaishali Mahilong, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 03/03/2025 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. 306/2024 registered at police station Kanker, District North Bastar, Kanker (CG) for the offence punishable under Sections 376,376(2)(n),313,294,323,506 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2 2. Prosecution case in brief is that on 17.08.2024, report was lodged by the victim alleging that the applicant, allured her to Kanker from her village on 01.10.2022 and thereafter took her to his friends rented house in Bhandaripara and committed rape on her on the pretext of marriage. It is also alleged that he threatened her not to disclose about the incident to anyone and she came home. It is the further allegation against the applicant that he used to commit rape on her several times and she became pregnant and the applicant got her abortion at Shriram Hospital, Kanker. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the victim was a consenting party and she had got married with the applicant in the temple and were residing as husband and wife till the lodging of the report. Ir is submitted that on account of some quarrel between them, she made a report against the applicant. He further submits that the applicant is in jail since 18.08.2024, 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 as appeared through the concerned DLSA and has raised objection. 6. Heard counsel for the parties and perused the record. 3 7. On due consideration of the rival submissions and the fact that the applicant is in jail since 18.08.2024, 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: 2025.03.05 11:18:32 +0530