1 2025:CGHC:21066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2516 of 2025 Pradeep Chelak S/o Yugalkishor Chelak Aged About 23 Years R/o 166, Palari Road, Jaistambh Chowk, Datan, Datan, Distt. Balodabazar-Bhatapara (C.G.), (Correct Address Mentioned) --- Applicant versus State Of Chhattisgarh Through - Station House Officer, P.S.- Palari, Distt. Balodabazar-Bhatapara (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Aishwarya Kumar Dubey, Advocate For Respondent/State : Mrs. Prabha Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 07/05/2025 1. On 01.04.2025, there was a direction to issue notice to the victim and her guardian to appear before this Court on 22.04.2025 in person or through video conferencing from the concerned DLSA to make their submissions and the case was posted for 22.04.2025, but on 22.04.2025, no one appears on behalf of the victim or her guardian. On 22.04.2025, it was informed that the notice issued to the victim vide order dated 01.04.2025 was returned with the endorsement that the VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.07 18:56:10 +0530 2 whereabouts of the victim could not be traced out, however, the notice has been served upon her maternal uncle, but he too has not appeared on that day. 2. It also transpires from the case diary that the victim was resident of district Gariyaband, whereas the accused is the resident of district Baloda Bazar-Bhatapara and the report was made at police station Palari, district Baloda Bazar. Considering the offence revolving in two different districts, and whereabouts of the victim could not be traced out, the Superintendent of Police of both the districts were directed to trace the victim with the coordination of each other and serve the notice for her appearance before this Court either in person or through virtual mode with the help of concerned DLSA. 3. Today, when the matter has been called for hearing, the maternal uncle of the victim appeared through virtual mode from DLSA, Raipur and submitted that the victim has left his house and her whereabouts could not be traced out and he is unaware about her whereabouts. The notice to the maternal uncle of the victim has been served through the Superintendent of Police, Baloda Bazar. He appeared through virtual mode and submits that since the whereabouts of the victim could not be traced out, he could not say anything with respect to the bail application of the applicant. However, he opposes the bail application. 4. Since the whereabouts of the victim could not be traced out and even her maternal uncle is not aware of her whereabouts, and also considering the fact that the applicant is in jail since 23.12.2024, this Court proceeds to hear the bail application. 3 5. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 570 of 2024, registered at Police Station Palari, District Baloda Bazar-Bhatapara (C.G.) for the offence under under Sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 6. The case of prosecution, in brief, is that on 22.12.2024, the victim lodged a report that she introduced with the applicant on 01.01.2024 when a telephonic call was made by him in her mobile phone, thereafter they continued in their conversation and on 02.07.2024, he called her at Baloda Bazar, from where he took her to village Datan, where he made physical relations with her and thereafter left her at Raipur. After sometime, he again took her to jungle and again committed rape upon her, and thereafter he left her there, thereafter, she has not returned. Considering the conduct of the applicant, the victim has lodged a report on 22.12.2024, on which the FIR has been registered against the applicant for the offence under Sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). The applicant has been arrested on 23.12.2024 and charge sheet has been filed. 7. Learned counsel for the applicant would submit that the victim was a major girl and there is no sufficient material with respect to her age in the charge sheet. She herself eloped with the applicant and engaged 4 in making consensual physical relation with him. She has not raised any objection at the time when both of them were engaged in physical relation. No injuries have been found on the body of the victim. At the time when she lodged the report, she was carrying pregnancy of 05 months and the present applicant is ready to accept the child, but her whereabouts could not be traced out despite her search in various places. The applicant is in jail since 23.12.2024 and final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 8. On the other hand, learned counsel for the State opposes. 9. I have heard learned counsel for the parties and perused the documents annexed with the application. 10. Considering the submissions made by learned counsel for the parties, considering the nature of the allegations and the manner in which the alleged incident is said to have been committed, and further that the evidence with respect to the age as well as the fact that the applicant is in jail since 23.12.2024 and final adjudication will take its own time, without commenting anything on merits, I am inclined to release the applicant on bail. 11. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 12. 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 5 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. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved