2025:CGHC:21820 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2306 of 2025 Gaukaran Jhariya S/o Chandrika Jhariya Aged About 23 Years R/o Village Mandlatola, Police Station Bodla, District Kabirdham, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bodla, District Kabirdham, Chhattisgarh. ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Dharmesh Shrivastava, Advocate For Respondent/State : Ms Laxmeen Kashyap, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09.05.2025 1. 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. The applicant was arrested on 22.08.2024 in connection with Crime No.187 of 2024, registered at PS- Bodla, District- Kabirdham, CG for the offence punishable under Sections 137(2), 87, 64(1) of the Bhartiya Nyay Sanhita, 2023 (BNS), and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 3. Case of the prosecution, in brief, is that on 19.08.2024, father of the victim lodged a missing report to the Police that his minor daughter was missing since 17.08.2024, and her whereabouts could not be traced out. Police registered the Digitally signed by V PADMAVATHI Date: 2025.05.12 11:11:34 +0530 Mcrc 2306 of 2025 2 offence under Section 137(2) of the BNS 2023, and started investigation. During the investigation, victim was recovered from possession of the applicant from his sister’s house on 21.08.2024, and after recording her statement, applicant was arrested on 22.08.2024, and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the victim being a major girl, having love affair with the applicant, and she herself on her own will eloped with him, both of them had gone to Amarkantak, thereafter, to Lormi, where they resided at the sister’s house of the applicant. Victim has never raised any objection, and on her instance, applicant has gone with her. Applicant is in jail since 22.08.2024, and final adjudication of the case will take its own time. Investigation completed in the case, and charge-sheet has also been filed. Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application. 6. Heard learned counsel for the parties, and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, nature of allegation against the applicant, as also the material collected by the prosecution during investigation, further, considering the material with respect to age of the victim, and also her statement recorded under Section 183 of the BNSS 2023, I am inclined to grant regular bail to the applicant. 8. Accordingly, the bail application filed by the applicant- Gaukaran Jhariya, s/o Chandrika Jhariya is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of 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 Mcrc 2306 of 2025 3 as to dissuade him from disclosing such facts to the Court or to any Police Officer; 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 him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma