1 2025:CGHC:22147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2659 of 2025 1 - Jyoti Khunte W/o Kailash, Aged About 22 Years, R/o Village- Jildi, Police Station- Sarangarh, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Hasaud, District- Sakti Chhattisgarh. ... Non-applicant For Applicant : Mr. Dharmesh Srivastava, Advocate. For State/Non-applicant : Ms. Sunita Manikpuri, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20-05-2025 1. Pursuant to the order dated 04-04-2025 the notice issued to the victim has been served upon her, but she did apppear to make submission. 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 in connection with Crime No.126/2024 registered at P.S. - Hasaud, District- Sakti, Chhattisgarh for the offence under Section 137(2), 64(2)(f), 64(2)(m), 70(2) of Bhartiya Nyaya Sanhita (in short ‘BNS’) and Section 06 of Protection of Children from Sexual Offences Act, 20212 (in short ‘POCSO Act’). 3. The case of prosecution is that, on 09-10-2024 a missing report was lodged by the mother of the victim lthat her minor daughter is missing since 07-10-2024 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 Digitally signed by MOHAMMAD AADIL KHAN 2 came back to her house on 02-01-2025 and after recording her statement other offences under Section 64(2)(f), 64(2)(m) and 70(2) of BNS and Section 06 of POCSO Act have been added and the applicant has been arrested on 15-02-2025 (date of arrest of the applicant is mentioned in the present bail application as 08-10- 2024) and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the present applicant is wife of the main accused. The allegation against the present applicant is only that she accompanied the main accused. He would also submit that there is no allegation against the present applicant that she in any manner pressurized or restrained the victim with respect to her movement. She being her relative the victim accompanied them and visited various places. The applicant is a lady and is in jail since 15-02-2025 and final adjudication of the case will take its own time. Therefore, she 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 parties, considering the nature of allegation and material collected during the investigation, further considering the allegation against the present applicant and that she is a lady and is in jail since 25-02-2025, 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 her 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) She 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) She shall not act, in any manner, which will be prejudicial to fair 3 and expeditious trial; and (iii) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial unless her personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil