1 2025:CGHC:21772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2540 of 2025 1 - Vishnu Yadav S/o Santu Ram Aged About 21 Years R/o Gram Kurda, Police Station- Than Khamariya, District Bemetara, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Than Khamariya, District Bemetara , Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Mr. Shreshth Gupta, Advocate For Non-applicant(s) : Ms. Pragya Shrivastavas, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 09/05/2025 1. Pursuant to the order dated 08.04.2025, the victim along withe her father appeared through virtual mode from DLSA, Bemetara and raised objection in granting bail to the applicant, their objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 02.12.2024 in connection with Crime No. 148/2024 registered at Police Station Than Khamariya, District Bemetara (C.G.) for the offence under Section 137(2), 87, 64 (2)(i)(m) & 65(1) of BNS, Section 4 & 6 of POCSO Act and Section 3(2)(v) of SC/ST Act. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.09 18:31:12 +0530 2 3. The case of the prosecution is that on 11.12.2024, the father of the victim lodged lodged a missing report that his minor daughter is missing since 04.10.2024 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of BNS, 2023 and started investigation. During the investigation the victim was found in the house of elder mother of the applicant and the brother of the appellant took them to the police station and after recording her statement the other offence under Section 87, 64(2)(i)(m) and 65(1) of BNS, 2023 and Section 4 and 6 of POCSO Act, as well as Section 3(2)(v) of the SC/ST Act, have been added. The applicant has been arrested on 03.12.2024 and chare-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no admissible evidence in the charge-sheet with respect to the age of the victim and she being a major girl having love affair with the applicant and she was scolded by the parents regarding the love affair with him by which she eloped with him on her own will and engaged in making consensual physical relation. The applicant is in jail since 03.12.2024, the 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 case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and her 183 BNSS, 2023 statement and further that the applicant is in jail since 03.12.2024 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 8. Consequently, the bail application filed by the applicant Vishnu Yadav 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/- 3 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, and (iii) He shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika