2025:CGHC:15908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1578 of 2025 1. Punamchand Sahu S/o Shri Khub Lal Sahu Aged About 31 Years R/o Village - Dadari, Chouki- Kawar, P.S.- Gurur, Dist- Balod (C.G.) ... Applicant versus 1. State Of Chhattisgarh Through - P.S. Gurur, Dist - Balod (C.G.) ....Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate For Non-applicant : Mr. K.P. Gupta, Govt. Advocate Hon'ble Mr. Justice Parth Prateem Sahu Order On Board 04.04.2025 1. This is second application for grant of regular bail to applicant. First bail application bearing M.Cr.C. No.2539/2024 has been dismssed as withdrawn vide order dated 23.4.2024. 2. Applicant is in custody since 1.12.2024 n connection with Crime No.38/2024 registered at Police Station-Gurur, District- Balod(C.G.) for the offence punishable under Section 376 of the Indian Penal Code. 3. Case of the prosecution, in brief, is that sister of victim lodged report in concerned police station alleging that applicnt has forcibly committed sexual intercourse with her sister. Basd on this report, instant crime is registered against the applicant and he was arrested on 1.12.2024. 4. Learned counsel for applicant submits that the applicant is innocent and he has not committed any offence as alleged. He submits that after dismissal of first bail application, victim has been examined before the trial Court and there are material contradictions and ommissions in her statement. Except in the statement recorded under Section 161 CrPC, there is no connecting piece of evidence. Hence, in the facts and circumstances of the case and considering the period of pre- trial detention, applicant be enlarged on regular bail. 5. Per contra, learned State Counsel opposes submissions of learned counsel for applicant and submits that in the statement of victim recorded under Section 161 and 164 CrPC there is specific allegation against applicant of committing sexual intercourse with her. Hence, he is not entitled to bail. 6. Heard learned counsel for the parties. 7. Considering the facts and circumstances of case, nature of allegations levelled; submissions advanced on behalf of the parties and period of pre-trial detention of applicant, without commenting anything on merit, I am inclined to grant privilege of bail to applicant. Accordingly, this second bail of application is allowed and it is directed that 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 trial Court concerned on the conditions that; a) he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance. b) he shall not, in any manner, tamper with prosecution witnesses. c) If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Sd/- (Parth Prateem Sahu) Judge roshan/- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI