-1- 2025:CGHC:15548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2059 of 2025 1 - Rajesh Gayakwad S/o Heeraram Gayakwad, Aged About 25 Years, R/o Village Mungeli, Police Station Chandnu, District Bemetara Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Chandnu, District Bemetara, Chhattisgarh. ----Non-applicant (Cause-title taken from Case Information System) For Applicant – Mr. Amit Kumar Sahu, Advocate. For Non-applicant/State – Ms. Priya Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02-04-2025 1. Pursuant to the order dated 17-03-2025 the parents of the victim are present through virtual mode from DLSA Bemetara and raised objection in granting bail to the applicant. Their objection is taken on record. 2. Heard on the application filed under Section 483 of BNSS, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 26-12-2024 in connection with Crime No.14/2024 registered at P.S. - Chandnu, District Bemetara, Chhattisgarh for the offence under Section 363, 366, 376, 376(2)(n) of the IPC and Section 4 and 5(l) of Protection of Children from Sexual Offences Act, 2012 ( in short ‘POCSO Act’). 3. The case of prosecution is that, on 14-04-2024 father of the victim lodged a missing report that his minor daughter is missing since 13-04-2024 Digitally signed by MOHAMMAD AADIL KHAN -2- and her whereabouts could not be traced out. The police registered the offence under Section 363 of the IPC and started investigation. During the investigation the victim was recovered on 25-12-2024 from the possession of the applicant and after recording her statement further offence under Section 366, 376 and 376(2)(n) of the IPC and Section 4 and 5(l) of POCSO Act have been added and the applicant has been arrested on 26-12-2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim was a major girl and there is no admissible evidence with respect to her age. She herself had gone with the applicant and resided with him upto 25-12-2024 and she was a consenting party in eloping and making physical relation with the applicant. The applicant is in jail since 26-12-2024 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State/non-applicant opposes the bail application. 6. Considering the submissions made by learned counsel for the parties, nature of allegation as also the facts that the victim has resided with the applicant for a considerable period and the applicant is in jail since 26-12-2024, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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, for his appearance on each date of hearing before trial Court unless exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil