1 2025:CGHC:31121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2317 of 2025 1 - Lochan Khadiya S/o Navaratan Khadiya Aged About 21 Years R/o Village- Jampali, P.S.- Kotara Road, District- Raigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - The Station House Officer, P.S.- Tamnar, District- Raigarh (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Prasoon Agrawal, Advocate For Respondent(s)/State : Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03/07/2025 1. Pursuant to the order dated 09-06-2025, the victim appeared in person before this Court and submitted that she has no objection in granting bail to the applicant and she is presently residing in the house of the applicant. The brother and mother of the victim have also appeared before this Court through virtual mode from DLSA, Raigarh and raised an objection in granting bail to the applicant. Their submissions are taken on record. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:07:24 +0530 2 2. This is the Second Bail Application of the applicant, who has been arrested on 30-06-2024, in the offence of Crime No. 175/2024, registered at police station Tamnar. District Raigarh, for the offences under Section 363, 366, 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”). The first bail application of the applicant is dismissed as withdrawn with liberty to file afresh after examination of material witnesses, vide order dated 19-12-2024 passed in MCrC No. 8095 of 2024. 3. The case of the prosecution is that on 27-06-2024, the brother of the victim has lodged a missing report to the police that his minor sister is missing since 26-06-2007 when she had gone to her school and has not returned. The Police have registered the offence under Section 363 of the IPC and started an investigation. During the investigation, the victim was recovered on 29-06-2024 from the possession of the applicant and after recording the statement of the victim, the other offences of Section 366, 376 of IPC and Section 4 of the POCSO Act were added. The applicant was arrested on 30-06-2024, and after completion of the investigation, charge sheet has been filed. 4. Learned counsel for the applicant would submit that there is insufficient evidence available in the charge sheet that the victim was a minor on the date of the incident. She was having love affair with the applicant and, on her own will, eloped with him. The applicant neither kidnapped her nor committed any forceful sexual intercourse with her. No injuries were found on her body regarding any forceful act by the applicant. Presently, the victim is residing at the house of 3 the applicant along with his parents. The victim, her mother and brother have been examined before the learned trial court as P.W. 1, P.W. 2 and P.W.3, and the victim has not supported the prosecution’s case. The material witnesses, i.e. victim herself, her mother, and brother, have been examined, and there is no considerable progress in the trial of the case, and final adjudication will take its own time. The applicant is in jail since 30-06-2024 and therefore, he may be released on bail. 5. On the other hand, learned counsel appearing for the state opposes and submits that after hearing the case on merits, the first bail application of the applicant is dismissed as withdrawn with liberty to repeat after examination of material witnesses. The age of the victim is very relevant in the present case, and the Head Master of the school, who has to prove the school record and other witnesses, i.e. elder father of the victim, the doctor who medically examined the victim, are yet to be examined. Even otherwise, the victim is not completely hostile, and she stated about the physical relationship with the applicant in her evidence, though the same is to be evaluated and appreciated by the learned trial court at the time of final adjudication of the case. The trial of the case is in progress, and material witnesses are yet to be examined and therefore, the applicant is not entitled to bail. 6. I have heard learned counsel for the parties and perused the case diary. 4 7. Considering the submissions made by learned counsel for the parties, considering the nature of the allegation and the material collected during the investigation, further, the evidence of the age of the victim available in the charge sheet, and also that some of the material witnesses are yet to be examined, the first bail application of the applicant is dismissed as withdrawn with liberty to repeat the same after examination of material witnesses, I am not inclined to release the applicant on bail. The evidence of the victim and other witnesses is to be appreciated by the learned trial court at the time of final adjudication of the case. 8. Accordingly, the second bail application of the applicant Lochan Khadiya is rejected. 9. Considering the fact that the applicant is in jail since 30-06-2024, the learned trial court is directed to expedite the trial of the case and to conclude the same as early as possible. Sd/- (Ravindra Kumar Agrawal) Judge ved