1 2025:CGHC:16433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2231 of 2025 1 - Kashi Prasad S/o Ramsundar Aged About 25 Years R/o Village- Jampani, Police Station And Tahsil- Baikunthpur, District- Koriya (C.G.) ... Appellant versus 1 - State of Chhattisgarh Through - The Station House Officer, Police Of Police Station Charcha, District- Koriya (C.G.), (As Per Charge Sheet) ... Respondent(s) For Applicant : Shri Anil Gulati, Advocate. For Respondent : Ms. Sunita Manikpuri, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 08.04.2025 1. Pursuant to the order dated 21.03.2025, the victim and her uncle appeared through virtual mode from the concerned DLSA. The victim states that she has no objection in granting bail whereas her uncle raised objection in granting bail to the applicant. The submissions are recorded. 2. This is first bail application seeking grant of bail to the Applicant who is in jail since 12.12.2024 in connection with Crime No.283/2024 registered at Police Station Charcha, District Koriya for the offence punishable under Sections 137(2), 87, 64(1) of BNS, Section 4&6 of Digitally signed by INDRAJEET SAHU Date: 2025.04.09 09:58:30 +0530 2 POCSO Act and Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 3. As per prosecution case, on 02.12.2024 a missing report was lodged by the uncle of victim that his minor niece is missing since 11.12.2024 and she has been kidnapped by the applicant. The victim was recovered on 11.12.2024 itself from the possession of the applicant and he has been arrested on the same day. Offence under Section 137(2), 87, 64(1) of BNS, Section 4&6 of POCSO Act as well as Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act have been made. After investigation, 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 engaged in making consensual physical relationship with him. The victim has not stated anything in her 183 BNSS statement and during trial she has been examined as PW-1 and has completely turned hostile and not stated anything against the applicant. 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 and 3 also considering the fact that victim completely turned hostile and not supported the case of prosecution, 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 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