-1- 2025:CGHC:18197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2504 of 2025 1 - Chhotelal @ Nanu Mandavi S/o Ratiram, Aged About 25 Years, R/o Jhanjhnagar Salhewara, Police Station and Tahsil Salhewara, District - Khairagarh -Chuikhadan Gandai (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Khairgarh, Outpost - Jalbandha (wrongly mentioned as P.S. Thelkadih) District - Khairagarh - Chuikhadan - Gandai (C.G.) ----Non-applicant (Cause-title taken from Case Information System) For Applicant – Mr. Deepak Diwakar, Advocate. For Non-applicant/State – Ms. Laxmeen Kashyap, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 22-04-2025 1. Pursuant to the order dated 01-04-2025 the victim alongwith her father appeared through virtual mode from DLSA Rajnandgaon and submitted that they have no objection in granting bail to the applicant. Their submission is taken on record. 2. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12-08- 2024 in connection with Crime No.320/2024 registered at P.S. - Khairgarh, Outpost – Jalbandha, District - Khairagarh - Chuikhadan - Gandai (C.G.) for the offence under Section 65(1), 64(2)(m) of BNS and Section 4, 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) (as per final Digitally signed by MOHAMMAD AADIL KHAN -2- report). 3. The case of prosecution is that, on 11-08-2024 father of the victim lodged a report to the police that his minor daughter was subjected to rape in between 02-06-2024 to 05-08-2024. On 05-08-2024 when her minor daughter was missing from his house and he was in search of her, she called him through mobile phone at Khairagarh bus stand where she was enquired by him then she disclosed about the incident that the applicant has committed rape upon her. The police registered the offence under Section 65(1), 64(2)(m) of BNS and Section 4 and 6 of POCSO Act. During the investigation the applicant has been arrested on 12-08-2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that there is no sufficient evidence with respect to the age of the victim that she was minor. In the school record her age appears to be 15 years whereas in the ossification test report she was opined to be in between age of 15 to 16 years. She being a major girl, having engaged in making consensual physical relation without raising any objection, on her own will had gone with the applicant and made physical relation with him. The applicant is in jail since 12-08-2024 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. Considering the submissions made by learned counsel for the parties, the nature of allegation and the material collected during the investigation, further considering the material with respect to age of the victim and also her statement available in the charge sheet, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 7. 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 -3- 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, for his appearance on each date of hearing before trial Court unless exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil