2025:CGHC:17994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2366 of 2025 Mithlesh Yadav S/o Santosh Yadav Aged About 28 Years R/o Village Saraipali, Police Station - Tendukona, Tahsil- Bagbahara Distt.- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station - Bagbahara, Distt.- Mahasamund (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Palash Agrawal, Advocate For Respondent/State : Shri Gorelal Uikey, PL For Victim/Objector : Ms Nandkumari Kashyap, Advocate ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 21.04.2025 1. Pursuant to order dated 26.03.2025, victim appeared in person, and raised objection in granting bail to the applicant. Her objection is taken on record. She is being represented by Ms Nandkumari Kashyap, Advocate, who has been appointed through Legal Aid Service. 2. 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. 3. The applicant has been arrested on 16.02.2025 in connection with Crime No.41 of 2025, registered at PS- Bagbahara, District- Mahasamund, Digitally signed by V PADMAVATHI Date: 2025.04.22 10:50:09 +0530 Mcrc 2366 of 2025 2 Chhattisgarh for the offence punishable under Sections 87, 64(2)(M), 65(1) of the BNSS 2023 and Section 6 of the POCSO Act, 2012. 4. Case of the prosecution in brief is that on 16.02.2025, mother of the victim lodged named report against the appellant that her minor daughter is being sexually exploited by the applicant since 01.11.2024 on the pretext of marriage. FIR has been registered under Sections 87, 64(2)(M), 65(1) of the BNSS 2023 and Section 6 of the POCSO Act, 2012, and the applicant has been arrested on 16.02.2025. After investigation, Charge-sheet has been filed. 5. Learned counsel for the applicant would submit that there is no sufficient evidence with respect to age of the victim, and she being a major girl, eloped with the applicant on her own will, both of them had gone to Raipur, where they engaged in making consensual physical relation without there being any objection. When they were going to Durg from Raipur, at the Raipur Railway Station one Police Officer of Childline Care has detained the victim, and after enquiry, they found that appellant has committed the offence, there is no complaint made by the victim. Applicants is in jail since 16.02.2025, and final adjudication of the case will take its own time. Hence, the applicant may be granted bail. 6. On the other hand, learned State counsel opposes the bail application, and would submit that the victim being a minor girl, aged about 14 years five months, was kidnapped and sexually exploited by the applicant on the pretext of marriage. Considering the statement of the victim, and her age, applicant is not entitled for release on bail. Mcrc 2366 of 2025 3 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation, as also the material collected by the prosecution during investigation, further, considering the statement of the victim recorded under Section 183 of the Bharatiya Nyay Sanhita, 2023, as well as her age, I am not inclined to release the applicant on regular bail. 8. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma