1 2025:CGHC:17282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2332 of 2025 1 - Fattepuri Goswami S/o Chhannupuri Goswami Aged About 19 Years R/o Village Sonewara (Sargi), Police Station Magarlod, District Dhamtari, Chhattisgarh. … applicant versus 1 - State Of Chhattisgarh Through The Station House Officer Police Of Police Station Magarlod, District Dhamtari Chhattisgarh. ... Respondent(s) For applicant : Mr. Sanjeev Kumar Sahu, Advocate For Respondent(s) : Mr. Gorelal Uikey, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 15.04.2025. 1. Heard, This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 25/01/2025 in connection with Crime No. 250/2024 registered at P.S. Magarlod, District- Dhamtari (CG) for the offence under Section 137 (2), 87, 64 of Bharatiya Nayaya Sanhita, 2023 (In short BNS 2023) and Section 4 , 6 of Protection of Children from Sexual Offences Act, 2012 (In short POCSO Act). 2 2. Pursuant to the order dated 25.03.2025, the victim appeared through virtual mode from DLSA- Dhamtari and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 3. The case of the prosecution is that on 29/07/2024, the father of the victim has lodged a report to the Police that his minor daughter is missing since 23/07/2024 and her whereabouts could not be traced out. The Police has registered the offence under Section 137 (2) of B.N.S. 2023 and started investigation. During the investigation, the victim has recovered on 24.01.2025 from the possession of the applicant and after recording her statement, the other offence, the other offence under Section 87 and 64 of B.N.S. 2023 and Section 4 and 6 of POCSO Act have been added. The applicant has been arrested on 25/01/2025, and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no legally admissible evidence with respect to the age of the victim. The victim is a major girl, having love affair with the applicant and resided with him for a considerable period without making any objection. She was engaged in making consensual relation with the applicant but it is only when her father has lodged the report, she recovered by the Police. The applicant is in jail since 25/01/2025 and 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. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the 3 investigation, further considering the age of the victim and that she resided with the applicant for a considerable period, without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant for grant of regular bail is hereby allowed. 8. Consequently, the bail application filed by the applicant Fattepuri Goswami 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 before learned trial Court on each date of hearing unless exempted. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.04.16 10:55:53 +0530