1 2025:CGHC:17036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2307 of 2025 Sunil Kashyap S/o Ravindra Aged About 22 Years R/o Village Girola Awaspara P.S. Bakawand District - Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Bakawand District - Bastar (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For Respondent/State : Mrs. Sunita Sahu, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 11/04/2025 1. Pursuant to the order dated 24.03.2025, the victim along with her mother appeared through virtual mode from DLSA, Jagdalpur 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 19:26:21 +0530 2 regular bail. The applicant has been arrested in connection with Crime No. 42 of 2023, registered at Police Station Bakawand, District Bastar, Chhattisgarh for the offence under Section 376(3) of IPC and Section 06 of the Protection of Children from Sexual Offices Act, 2012 (in short ‘POCSO Act’). 3. The case of prosecution in brief is that, on 04.10.2023, the victim lodged a report that she was subjected to sexual intercourse by the applicant on the pretext of marriage from 03.03.2023 up to 02.10.2023. She was residing in the house of the applicant for about a month and when the parents of the applicant were not talking with her and showed their disinterest upon her, she left his house and came back to her parents’ house and lodged the report. The applicant has been arrested on 05.10.2023 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. She was a major girl having love affair with the applicant and resided with him without raising any objection and it is only when, his parents shown their disinterest, she lodged the report against the applicant. The applicant is in jail since 05.10.2023 and final adjudication of the case will take its own time, therefore, he may be released 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. 3 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 she was resided in the house of the applicant for about a month without raising any objection, 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:- (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