1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2224 of 2025 1 - Jaswant Kumar Mahilange S/o Hariram Mahilange Aged About 21 Years R/o Village Dhobnikala, Police Station And District Mungeli Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station Nawagarh, District Bemetara, Chhattisgarh ... Respondent(s) For Applicant : Shri Amit Kumar Sahu, Advocate. For Respondent : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 08.04.2025 1. Pursuant to the order dated 20.03.2025, the father of victim appeared through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. The submission is recorded. 2. This is first bail application seeking grant of bail to the Applicant who is in jail since 23.09.2024 in connection with Crime No.248/2024 registered at Police Station Nawagarh, District Bemetara for the offence punishable under Sections 137(2), 87, 64(2)(i)(m) & 65(1) of BNS and Section 6 of POCSO Act. 3. As per prosecution case, on 25.07.2024 a missing report was lodged by the father of victim that his minor daughter is missing since Digitally signed by INDRAJEET SAHU Date: 2025.04.09 09:56:16 +0530 2 22.07.2024 and her whereabouts could not be traced out. The police registered an offence under Section 137(2) of BNS and started investigation. During investigation, the victim was recovered on 22.09.2024 from of the possession of applicant. The police recorded her statement. After recording her statement, the other offences were added. The applicant was arrested and charge sheet was filed. 4. Learned Counsel for the applicant would submit that there is no cogent evidence with respect to age of victim. She was in love affair with the applicant and herself eloped with the applicant and performed marriage in a temple and engaged in making consensual physical relationship with him. Therefore, the applicant may be released on bail as final adjudication may take sometime. 5. On the other hand the counsel for the State opposes the bail application and have submitted that from the material collected during investigation, the prosecutrix appears to be minor on the date of incident and she was kidnapped and subjected to sexual intercourse by the applicant and therefore he is not entitled for bail. 6. Without commenting on merits, considering the totality of the facts and circumstances of the case, the age and conduct of the prosecutrix, the nature of allegation and evidence collected during investigation, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail. 7. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance on each 3 date of hearing before the trial Court, unless exempted from personal appearance by the said Court. 8. It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove. Sd/- (Ravindra Kumar Agrawal) Judge inder