1 2025:CGHC:21507 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2652 of 2025 Shivratan S/o Shri Ujit Aged About 23 Years R/o- Village- Savitripur, Outpost- Wadrafnagar, P.S.- Basantpur, District- Balrampur-Ramanujganj, (C.G.) ... Applicant versus State Of Chhattisgarh Through- S.H.O. Police Station- Basantpur (Wrongly Mentioned In Order Sheet), District- Balrampur-Ramanujganj, C.G. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Shiv Sevak, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 08/05/2025 1. Pursuant to the order dated 04.04.2025, the victim along with her father appeared in person before this Court and raised objection in granting bail to the applicant. Their objection is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.09 19:46:18 +0530 2 regular bail. The applicant has been arrested in connection with Crime No. 163 of 2023, registered at Police Station Basantpur, District Balrampur-Ramanujganj (C.G.) for the offence under Sections 363, 376 of IPC and Sections 3, 4 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of prosecution, in brief, is that, on 27.10.2023, a missing report lodged by the father of the victim, that his minor daughter is missing since 10.10.2023 and her whereabouts could not be traced out. The police has registered the offence under Section 363 of the IPC and started investigation. During the investigation, the victim was recovered on 01.11.2023 from Delhi and after recording the statement of victim, the other offences of Section 376 of IPC and Sections 3, 4 of POCSO Act have been added. The applicant has been arrested on 11.07.2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl and there is no cogent evidence in the charge sheet with respect to her age. She on her own will eloped with him and engaged in making consensual physical relation with the applicant. Both of them had gone to Banaras, from where they came to Delhi and resided there for a considerable period and made physical relation with each other. The applicant is in jail since 11.07.2024, final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 3 6. I have heard learned counsel for the parties and perused the documents annexed with the application. 7. Considering the submissions made by the learned counsel for the parties, considering the nature of allegations and the material collected by the prosecution against the present applicant during investigation, and further considering the material with respect to the age and her 183 statement, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. 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 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 from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved