1 2025:CGHC:21778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2758 of 2025 1 - Satish Patel S/o Punuram Patel, Aged About 22 Years, R/o P.S.- Megha, Magarload, District - Dhamtari (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Officer In Charge, P.S. - Magarload, District - Dhamtari (C.G.) ... Non-applicant/Respondent For Applicant : Mr. Prahlad Panda, Advocate. For State/Non-applicant : Mr. G.L. Uikey, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09-05-2025 1. Pursuant to the order dated 08-04-2025 the father of the victim appeared through virtual mode from DLSA Dhamtari and raised objection in granting bail to the applicant. His 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 26-07-2024 in connection with Crime No.246/2023 registered at P.S. - Magarload, District - Dhamtari, Chhattisgarh for the offence under Section 137(2), 87, 64(2)(M) of BNS and Section 5(l)/6 of POCSO Act. As mentioned in the present petition, the case is presently pending as Special Criminal Case (under POCSO Act) No.48/2024 before the Additional Sessions Judge (FTC) Dhamtari, District Dhamtari (C.G.). Digitally signed by MOHAMMAD AADIL KHAN 2 3. The case of prosecution is that, on 20-07-2024 the father of the victim lodged a missing report that his minor daughter is missing since 19-07-2024 and her whereabouts could not be traced out. The FIR under Section 137(2) of BNS, 2023 has been registered and police started investigation. During the investigation the victim was recovered on 24-07-2024 from the house of the brother in law of the applicant from village Barnashivani and after recording her statement other offences under Section 87, 64(2)(M) of BNS and Section 4 and 6 of POCSO Act have been added and the applicant has been arrested on 26-07-2024 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 on will eloped with him and engaged in making physical relation with him without raising any objection. She was in relation with the applicant since last one year and on her instance they eloped and had gone to the house of the brother-in-law of the applicant. The applicant is in jail since 26-07-2024 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 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, 2023, 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 :- 3 (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 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