1 2025:CGHC:18199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2437 of 2025 1 - Khilawan Alendra S/o Ishwar Alendra Aged About 23 Years R/o Village Bagtarai, District Balod, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Dhamtari, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Ms. Sweksha Sharma, Advocate. For Non-applicant(s) : Ms. Sunita Sahu, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 22/04/2025 1. Pursuant to the order dated 27.03.2025 the victim along with her mother appeared through virtual mode from DLSA, Dhamtari 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 23.01.2025 in connection with Crime No. 18/2025 registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence under Sections 137, 87, 64 (2)(M) of Bhartiya Nyaya Sanhita, 2023 and Section 6 of POCSO Act, 2012 (as per impugned order). 2 3. The case of the prosecution is that on 21.01.2025, the mother of the victim lodged a missing report that her minor daughter is missing since 20.01.2025 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of the B.N.S, 2023 and started investigation. During the investigation the victim was recovered on 22.01.2025 from the village Bagtarai from the possession of the applicant and after recording her statement the other offences of Section 87, 64(1), 64(2)(M) of B.N.S, 2023 and Section 6 of POCSO Act have been added. The applicant has been arrested on 23.01.2025 and after investigation charge-sheethas been filed. 4. Learned counsel for the applicant would submit that the victim being major girl having love affair with the applicant and she herself on her own will eloped with him and engaged in making consensual physical relation with the applicant and has not raised objection. It is only when her mother came to know about their relationship she lodged report and in pursuance thereof the victim was recovered. The applicant is in jail since 23.01.2025, and 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. 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 the evidence with respect to her age and further her 183 B.N.S statement, the applicant is in jail since 23.01.2025 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Khilawan Alendra 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/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- 3 (i) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant 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 Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.22 18:51:52 +0530