1 2025:CGHC:22289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2500 of 2025 1 - Pardeshi Sahu S/o Narayan Sahu, Aged About 21 Years, R/o Village- Rawanguda, P.S.- Kukdur, District- Kabirdham (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through - Station House Officer. P.S.- Kukdur, Kabirdham, Diustrict- Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Atul Kesharwani, Advocate. For State/Non-applicant : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 22-05-2025 1. Vide order dated 03-04-2025 the notice issued to the victim has been served and on 06-05-2025 she appeared along with her mother through virtual mode from DLSA Kabirdham and submitted that she has no objection in granting bail to the applicant. 2. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS, 2023’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 31- 07-2024 in connection with Crime No.38/2024 registered at P.S. - Kukdur, Kabirdham, District- Kabirdham, Chhattisgarh for the offence under Section 363, 366, 376(2)(n) of the IPC and Section 6 of Protection of Children from Sexual Offences Act, 20212 (in short ‘POCSO Act’). Digitally signed by MOHAMMAD AADIL KHAN 2 3. The case of prosecution is that, on 19-03-2024 a missing report was lodged by the father of the victim that his minor daughter is missing since 28-02-2024 and her whereabouts could not be traced out. The police registered the offence under Section 363 of the IPC and started investigation. During the investigation the victim was recovered on 30-07-2024 from the possession of the applicant from Raipur and after recording her statement, other offences under Section 366, 376(2)(n) of the IPC and Section 6 of POCSO Act have been added and the applicant has been arrested on 31-07-2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that in the charge sheet there is no legally admissible evidence with respect to the age of the victim. She being a major girl, having love affair with the applicant, herself eloped with him and the victim has not raised any alarm, she engaged in making consensual physical relation. They had gone to Orissa to earn their livelihood from where they returned back Raipur and performed marriage and started residing together. The applicant is in jail since 31-07- 2024 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State/non-applicant opposes the bail application. 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 material collected during the investigation, further considering the age of the victim as well as her statement recorded under Section 183 of BNSS, 2023, without commenting anything on merits of the case I am inclined to release the applicant on bail. 8. Consequently, this application filed by the applicant under Section 483 of BNSS, 2023 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 the 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/her from disclosing such facts 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 him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil