1 2025:CGHC:15806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2103 of 2025 1 - Manish Bhardwaj S/o Heeralal Aged About 18 Years R/o Bhaismundi, P.S. Kharora, District Raipur, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Gobra Nawapara, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. B. L. Sahu and Mr. Kamlesh Pandey, Advocates For Res./State : Ms. Laxmin Kashyap, 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 her maternal grand mother (Nani) appeared in person before this Court and submitted that 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 13.01.2025 in connection with Crime No. 564 of 2024 registered at PS- Gobra Nawapara District- Raipur Chhattisgarh for the offence punishable under Sections 137(2), 87, 64(2)(m), 65(1) of BNS, 2023 and Sections 4(2), 5(l/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 22.12.2024, the maternal grand mother of the victim has lodged a missing report that the victim is missing since 20.12.2024 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 Section 137(2) of BNS, 2023 and started the investigation. During investigation, the victim was recovered at brick kiln at Nagpur from the possession of the applicant and after recording her statement, other offence under Section 87, 64(2)(m) and 65(1) of BNS,2023 and Sections 4(2), 5(l/6) of POSCO Act, 2012 have been added. The applicant has been arrested on 13.01.2025 and sent in jail. 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 there is no legally admissible evidence with respect to the age of the victim. The victim was having love affair with the applicant and she herself eloped with the applicant and they were resided at brick kiln, Nagapur and earning their livelihood and she has not made any allegation in all the way. The applicant is in jail since 13.01.2025, 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. 7. Heard learned counsel for the parties and perused the material annexed with the bail application. 3 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 available in the chargesheet with respect to her age and final adjudication of the case would take some time, 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- Manish Bhardwaj 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 applicasnt 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 16:08:57 +0530