1 2025:CGHC:11865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1468 of 2025 1 - Surajmani Yadav S/o Late. Dwarika Prasad Yadav Aged About 70 Years R/o- Jamdara Kunni, P.S- Lakhanpur, District - Sarguja (C.G) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- S.H.O Police Station- Patna, District- Koriya, C.G. ... Respondent(s) For Applicant(s) : Shri Pushkar Sinha, Advocate For Respondent/State : Shri Pranjal Shukla, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/03/2025 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. 358/2024 registered at police station Patna, District Koriya (CG) for the offence punishable under Sections 137(2) and 64 (m) of the BNS and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2 2. As per prosecution case, on 5.12.2024, at about 4.00 am, prosecutrix went to attend the call of nature, at that point of time the applicant along with co-acused Dinesh Yadav caught her and took her to village Jamdara Kunni by bus. She was kept in the room of co- accused from 5.12.2024 to 17.12.2024 and on 17.12.2024 she was recovered from the custody of the applicant. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix and his son was having love affiar and the family of the prosecutrix didn’t like their relation, therefore they have falsely implicated him. He submits that the prosecutrix was forced to lodged a report against the applicant and as such there is no allegation of sexual assault against the applicant. He further submits that the applicant is aged about 70 years, having health issued and is in jail since 18.12.2024, 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. Heard counsel for the parties and perused the record. 6. On due consideration of the rival submissions and the fact that the applicant is an old man aged about 70 years, is in jail since 18.12.2024, 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 3 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: 2025.03.11 14:19:11 +0530