2025:CGHC:20246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2552 of 2025 Akash Kurrey S/o Ajay Kurrey Aged About 21 Years R/o Bendarkona, Police Station Civil Line Rampur, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station- Civil Line Rampur, Korba, District- Korba (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Vikas Kumar Pandey, Advocate For Respondent/State : Ms Vaishali Mahilong, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02.05.2025 1. Pursuant to order dated 02.04.2025, victim along with her parents appear in person before this Court, 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 the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. The applicant was arrested on 21.09.2024 in connection with Crime No.569 of 2024, Special Case (POCSO)-45 of 2024 registered at PS- Civil Line Rampur, District- Korba, Chhattisgarh for the offence punishable under Section Digitally signed by V PADMAVATHI Date: 2025.05.02 17:42:05 +0530 Mcrc 2552 of 2025 2 376 of the IPC, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 4. Case of the prosecution is that on 20.09.2024, mother of the victim lodged report to the Police that her minor daughter was sexually exploited by the applicant since last six months on the pretext of marriage, by which she conceived pregnancy. The victim was medically examined by the doctor, and on her medical examination, victim was found to be carrying pregnancy of 26- 28 weeks. FIR has been registered for the offence punishable under Section 376 of the IPC, and Sections 4 and 6 of the POCSO Act, after recording statements of the witnesses, applicant has been arrested on 21.09.2024, and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that there is no legally admissible evidence with respect to age of the victim, she was having love affair with the applicant, and engaged in making consensual physical relation with him, she has not made any complaint to anyone, and highly belated report has been lodged against the applicant, applicant is in jail since 21.09.2024, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 6. On the other hand, learned State counsel opposes the bail application 7. Considering the submissions made by learned counsel for the parties, nature of allegations against the applicant, as well as material collected during the investigation, further, evidence with respect to age of the victim, and her statement, without commenting anything on merits of the case, I am inclined to release the applicant on bail. Mcrc 2552 of 2025 3 8. Accordingly, the bail application filed by the applicant- Akash Kurrey, s/o Ajay Kurrey is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that 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 facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma