1 2025:CGHC:15810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2142 of 2025 1 - Ishwar Nishad S/o Late Kumar Nishad Aged About 23 Years R/o Village Borsi, Tahsil Magarlod, P.S. Magarlod, District Dhamtari Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Magarlod, Distt Dhamtari Chhattisgarh ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Res./State : Mr. karan Kumar Baharani, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03.04.2025 1. pursuant to the order dated 18.03.2025, the victim alongwith his father appeared through virtual mode from DLSA Dhamtari and they have no objection in granting bail to the applicant. Their submissions are taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2 3. The applicant was arrested on 21.12.2024 in connection with Crime No. 292 of 2024 registered at PS- Magarlod District- Dhamtari Chhattisgarh for the offence punishable under Sections 137(2), 87, 64 of the BNS, 2023 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act, 2012). 4. Case of the prosecution in brief is that on 28.09.2024, the father of the victim lodged a missing report that his minor daughter is missing and her whereabout could not be tressed out. On the basis of the complaint made by the complainant, the police has registered the offence under Section137(2) of the BNS, 2023 and started investigation. During the investigation, the victim was recovered on 20.12.2024 from Village-Kushumghata District- Kawardha from the possession of the applicant and after recording her statement other offences under Sections 87, 64 of the BNS, 2023 and Sections 4 & 6 of the POCSO Act, 2012 have been added. After investigation, charge-sheet has been filed 5. Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime in question. He would further submit that the victim is a major girl having love affair with the applicant both of them have performed marriage and resided together at village-Kushumghata. By their wedlock, the victim conceived pregnancy and it is only when her father disowned her and lodged the report the above said offence has been registered and applicant is arrested. He would further submit that the applicant is ready to keep the victim with him as his wife. He is in jail since 21.12.2024, charge-sheet has been filed and conclusion of trial will take some time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the bail application. 3 7. Heard learned counsel for the parties and perused the material annexed with the bail application. 8. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and the evidence with respect to her age available in the charge-sheet and further the statement made by learned counsel for the applicant that the victim and the applicant have already performed marriage by which the victim carrying pregnancy and the applicant is ready to keep her with him as his wife, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 9. Accordingly, the bail application filed by the applicant- Ishwar Nishad is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the 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 facts to the Court or to any Police OfÏcer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to them by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.04.04 16:02:26 +0530