1 2025:CGHC:16435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2281 of 2025 Dheeraj Bhanwar @ Lucky S/o Late Banerjee Bhanwar Aged About 22 Years R/o Ward No. 07, Santosh Nagar Mandideep P.S.- Mandideep District- Raisen (M.P.) ... Applicant versus State Of Chhattisgarh Through Police Station- City Kotwali, District- Raipur (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Sumit Jhawar, Advocate For Respondent/State : Mrs. Prabha Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 08/04/2025 1. Pursuant to the order dated 21.03.2025, the victim along with her mother appeared through virtual mode from DLSA, Raipur and raised objection in granting bail to the applicant. Their objection is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.04.11 11:40:37 +0530 2 regular bail. The applicant has been arrested in connection with Crime No. 254 of 2024, registered at Police Station City Kotwali, District Raipur, Chhattisgarh for the offence under Sections 137(2), 87, 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 6 of the Protection of Children from Sexual Offices Act, 2012 (in short ‘POCSO Act’). 3. The case of prosecution in brief is that, on 12.08.2024, the step- father of the victim lodged a missing report that the victim is missing since 12.08.2024. The police has registered the offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 and started investigation. During the investigation, the victim was recovered on 22.08.2024 from the possession of the applicant from Mandideep, Bhopal. After recording her statement, the other offences of Sections 87, 64(2)(M) of BNS and Section 5(l)/6 of POCSO Act have been added. The applicant has been arrested on 23.08.2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim was a major girl having love affair with the applicant. Both of them had gone to Bhopal, where the brother of the applicant was residing. Thereafter, they had gone to Mandideep and residing in a rented house and made consensual physical relation with each other. She has not raised any alarm and has not made any complaint in all the way to Mandideep. It is only when her step-father and mother had lodged missing report, the victim was recovered and taken back by the police from Mandideep, Bhopal. As per the Aadhar card of the victim, she was major and both of them had performed court 3 marriage at Bhopal and thereafter started residing with each other. In her 183 BNSS statement also, there is no allegation of any forceful sexual intercourse by the applicant upon her. The applicant is in jail since 23.08.2024, final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 6. I have heard learned counsel for the parties and perused the documents annexed with the application. 7. Considering the submissions made by the learned counsel for the parties, considering the nature of allegations and the material collected by the prosecution against the present applicant during investigation, further the fact that the victim was a major girl and having love affair with the applicant and eloped with the applicant to Bhopal and thereafter resided in a rented house in Mandideep and made physical relation with the applicant and also the fact that in all the way to Mandideep, she has not raised any alarm, final adjudication of the case will take its own time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. 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, on following conditions:- 4 (i) He 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 fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved