2025:CGHC:21810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2578 of 2025 Bharat Kumar Patel @ Bharat Lal S/o Anuj Ram Aged About 26 Years R/o Village Durgitola, Bhimpuri, P.S. Doundilohara, District Balod, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Mangchua, District Balod, Chhattisgarh. ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Vidya Bhushan Soni, Advocate For Respondent/State : Shri Vivek Sharma, Addl AG ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09.05.2025 1. 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. 2. The applicant was arrested on 01.02.2025 in connection with Crime-13 of 2022, registered at PS- Mangchua, District-Balod, CG for the offence punishable under Sections 363, 366, 376, 376(2)(n) of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 3. Case of the prosecution, in brief, is that on 15.03.2022, father of the victim lodged a missing report to the Police that his minor daughter is missing since Digitally signed by V PADMAVATHI Date: 2025.05.12 10:50:50 +0530 Mcrc 2578 of 2025 2 14.03.2022, her whereabouts could not be traced out, and he raised suspicion upon the present applicant. Police registered the offence under Section 363 of the IPC and started investigation. During the investigation, on 31.01.2025, victim was recovered from possession of the applicant from village-Durgitola, and after recording her statement, other offences under Section 366, 376, 376(2)(n) of the IPC and Sections 4 and 6 of the POCSO Act have been added. Applicant was arrested on 01.02.2025, and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no admissible evidence with respect age of the victim. She being a major girl, having love affair with the applicant, and both of them eloped, had gone to Hyderabad, where they resided together as husband and wife, by their wedlock, a child was also born. Victim is presently residing in the house of the applicant, and she filed an affidavit to the effect that she is residing in his house. Applicant is also admitting that the child is from his side. Applicant is in jail since 01.02.2025, and final adjudication of the case will take its own time. Investigation completed in the case, and charge- sheet has also been filed. Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application. 6. Heard learned counsel for the parties, and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, nature of allegation against the applicant, as also the material collected by the prosecution during investigation, further, considering the material with respect to age of the victim, and also her statement recorded under Section 183 of the BNSS 2023, I am inclined to grant regular bail to the applicant. Mcrc 2578 of 2025 3 8. Accordingly, the bail application filed by the applicant- Bharat Kumar Patel @ Bharat Lal 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