2025:CGHC:10399 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1232 of 2025 Ramnarayan @ Rohan Durga S/o Kunj Bihari Durga Aged About 22 Years R/o Village Dohel Police Station Devbhog District- Gariyaband (C.G.) ... Applicant(s) versus State of Chhattisgarh Through The Station House Officer Police Station Mahasamund District - Mahasamund (C.G.). --- Respondent For Applicant : Mr. Shivendu Pandya, Advocate. For State/Respondent : Ms. Sunita Sahu, PL. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 03/03/2025 1. 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.498/2024, registered at PS - Mahasamund District - Mahasamund (C.G.), for commission of offence punishable under Sections 137(2), 87, 64, 65, 69 of the BNS and Section 6 of the POCSO Act. 2. Case of prosecution, in brief, is that present applicant on the pretext of marriage has committed sexual intercourse with minor victim. Based upon report by father of prosecutrix/victim, FIR was registered and applicant has been arrested in aforementioned crime. 3. 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. There is delay in lodging of FIR, which has not been properly explained by the prosecution. Victim is a major girl, having love affair with the applicant/accused, physical relationship has been done with her consent. Victim in her evidence has not made any allegation against the applicant. There is no any other criminal antecedents against the applicant. Applicant is in jail since 19.10.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim, aged about 15 years, 07 months, 19 days, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, prosecutrix/victim alongwith her mother appeared before this Court by virtual mode from the concerned DLSA. Victim submits that she is having no objection in granting bail to the applicant, however, her mother has raised objecting in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that there is love affair between the victim and applicant/accused, victim examined before the trial Court and has 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 to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.