-1- 2025:CGHC:17281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2322 of 2025 1 - Yogesh Jaiswal S/o Tikaram Jaiswal, Aged About 24 Years, R/o Village- Bheenpuri Chowki Junapara, P.S. - Takhatpur, District- Bilaspur (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer City Kotwali District- Mungeli (C.G.) ----Non-applicant (Cause-title taken from Case Information System) For Applicant – Dr. Arpit Lal (through video conferencing) and Mr. Ayush Lall, Advocates. For Non-applicant/State – Mr. Karan Baharani, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 15-04-2025 1. Pursuant to the order dated 25-03-2025 the victim alongwith her mother appeared before this Court and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 2. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 05-02- 2025 in connection with Crime No.514/2024 registered at P.S. - City Kotwali District- Mungeli, Chhattisgarh for the offence under Section 137(2), 87, 64(1) of BNS and Section 4, 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of prosecution is that, on 23-12-2024 father of the victim lodged a missing report that his minor daughter is missing since 19-12-2024. The police Digitally signed by MOHAMMAD AADIL KHAN -2- registered the offence under Section 137(2) of BNS and started investigation. During the investigation the victim was recovered on 04-02-2025 from the possession of the applicant from Raipur and after recording her statement further offence under Section 87, 64(1) of BNS and Section 4 and 6 of POCSO Act have been added and the applicant has been arrested on 05-02-2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim being a major girl and having love affair with the applicant eloped with him on her own free will and engaged in making consensual physical relation. There is no cogent evidence with respect to the age of the victim. The applicant is in jail since 05- 02-2025 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State/non-applicant opposes the bail application. 6. Considering the submissions made by learned counsel for the parties, further considering the nature of allegation and material collected during the investigation, particularly considering the age of the victim as also the period in which she resided with the applicant and the fact that final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance on each date of hearing before trial Court unless exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil