-1- 2025:CGHC:15549 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2082 of 2025 1 - Abhishek Yadav S/o Late Shri Suresh Kumar Yadav, Aged About 24 Years, R/o Village Godhihari, P.S. Sarangarh, District Sarangarh Bilaigarh Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through S.H.O., P.S. Jutmil Raigarh, District Raigarh Chhattisgarh. ----Non-applicant (Cause-title taken from Case Information System) For Applicant – Mr. Rakesh Kumar Manikpuri, Advocate. For Non-applicant/State – Ms. Sunita Sahu, 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 victim and her elder father have appeared through virtual mode from DLSA Raigarh and submitted that they have no objection in granting bail to the applicant. Their submission is taken on record. 2. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 07-01- 2025 in connection with Crime No.04/2025 registered at P.S. - Jutmil, District Raigarh, Chhattisgarh for the offence under Section 137(2), 87, 64(2)(m) of B.N.S. and Section 5(l) of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Section 3(2) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘the SC/ST Act). 3. The case of prosecution is that, on 03-01-2025 father of the victim lodged a missing report that his minor daughter is missing since 31-12-2024 and her Digitally signed by MOHAMMAD AADIL KHAN -2- whereabouts could not be traced out. The police registered the offence under Section 137(2) of B.N.S. and started investigation. During the investigation the victim was recovered on 05-01-2025 from the bus stand Sargarh, District Raigarh and after recording her statement further offence under Section 87, 64(2)(m) of B.N.S. and Section 5(l) of POCSO Act and Section 3(2) (v-a) of the SC/ST Act have been added and the applicant has been arrested on 07-01-2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the prosecution could not collect any legally admissible evidence with respect to the age of the victim. The victim is a major girl and having love affair with the applicant. She on her own will eloped with the applicant and resided with him. The investigation has been completed and charge sheet have been filed. The applicant is in jail since 07-01-2025 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 and material collected during the investigation as also the fact the applicant is in jail since 07-01-2025 and charge sheet has been filed, 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