1 2025:CGHC:21508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2656 of 2025 1 - Manoj Netam S/o Late Gyan Singh Dewar Aged About 25 Years R/o Near Iti, Sanjri, Chauki-Sanjari, Thana- Daundilohara, Distt.- Balod (C.G.) ... Applicant(s) versus 1 - The State Of Chhattisgarh Through- Sho, Thana- Daundilohara, Distt.- Balod (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Samir Singh, Advocate For Non-applicant(s) : Ms. Sunita Sahu, P.L. S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 08.05.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 28.09.2024 in connection with Crime No. 110/2024 registered at P.S. Daundilohara, District- Balod (CG) for the offence under Sections 363, 366, 376 (2)(N) of IPC and Section 5(l)/6 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) against the applicant. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.09 10:51:34 +0530 2 2. Pursuant to the order dated 04/04/2025, the father of the victim appeared through virtual mode from DLSA- Balod and raised objection in granting bail to the applicant. His objection is taken on record. 3. The case of the prosecution is that on 05.07.2024, the father of the victim lodged a missing report that his minor daughter is missing since 30.06.2024 and her whereabout could not be traced out. The FIR has been registered for the offence under Section 363 of IPC and started investigation. During the investigation, the victim has recovered on 27.09.2024 from Chennai from the possession of the applicant and after recording her statement the other offence under Section 366, 376 (2)(N) of IPC and Section 5(l)/6 of POCSO Act have been added. The applicant is arrested on 28.09.2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that there is no legally admissible evidence with respect to the age of the victim. She being a major girl having love affair with the applicant. She herself on her own will eloped with the applicant and both of them have performed marriage at Dongargarh Temple and engaged in making consensual physical relation. Both of them had gone to Chennai where the applicant used to earn his livelihood and both of them resided there. The applicant is in jail since 27.09.2024 and final adjudication of the case will take its own time, therefore the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes. 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 material with respect to the age of the 3 victim as well as her 164 of Cr.P.C. Statement, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby allowed. 8. 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 Sagrika