1 2025:CGHC:21511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2716 of 2025 1 - Dumeshwar Temunkar Alias Rahul, S/o Jhadu Ram Temunkar (@ Jageshwar not mention in the cause title), Aged About 21 Years, R/o Ward No. 19, Mamta Nagar, P.S. City Kotwali, Rajnandgaon Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through P.S. Sanoud, District - Balod ... Respondent For Applicant : Mr. Hemant Gupta, Advocate. For State/Respondent : Mr. Pranjal Shukla, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 08-05-2025 1. Pursuant to the order dated 07-04-2025 the victim along with her mother appeared through virtual mode from DLSA Balod and raised objection in granting bail to the applicant. Their objection 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 05-01-2025 in connection with Crime No.120/2024 registered at P.S. - Sanoud, District - Balod, Chhattisgarh for the offence under Section 137(2), 87, 64(2)(M) of BNS and Section 5(L)/6 of POCSO Act. 3. The case of prosecution is that, on 17-07-2024 the mother of the victim lodged a missing report that her minor daughter is missing since 14-07-2024 and her whereabouts could not be traced out. The police registered the offence under Section 137(2) of BNS and started investigation. During the investigation the victim was Digitally signed by MOHAMMAD AADIL KHAN 2 recovered from Hyderabad on 04-01-2025 from the possession of the applicant and after recording her statement other offences under Section 87, 64(2)(M) of BNS and Section 5(L)/6 of POCSO Act have been added and the applicant has been arrested on 05-01-2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim being a major girl having love affair with the applicant, she herself on her own will eloped with him on and both of them had gone to Hyderabad and earned their livelihood. Since the mother of the victim has already lodged the missing report, the police has recovered the victim from the possession of the applicant. The applicant is in jail since 05-01- 2025 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 applicant, considering the nature of allegation and material collected during the investigation, further considering the material with respect to the age of victim and her statement recorded under Section 183 of BNSS, 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 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 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 3 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