2025:CGHC:21504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2624 of 2025 Asif Hussain S/o Yusuf Hussain Aged About 21 Years R/o - R.D.A. Colony, House No. F/310, Boriyakhurd, Police Station- Tikrapara Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- D.D. Nagar, Raipur, District- Raipur (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Ms Fouzia Mirza, Senior Advocate along with Shri Ahmed Ayaan Mirza, Advocate For Respondent/State : Ms Sunita Sahu, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 08.05.2025 1. Pursuant to order dated 04.04.2025, victim along with her mother appeared before this Court through virtual mode from DLSA-Raipur, and raised objection in granting bail to the applicant. Their objection is taken on record. 2. 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. 3. The applicant was arrested on 19.02.2025 in connection with Crime No.7 of 2025 registered at PS- DD Nagar, Raipur, District- Raipur, CG for the offence Digitally signed by V PADMAVATHI Date: 2025.05.12 11:10:50 +0530 Mcrc 2624 of 2025 2 punishable under Sections 64, 64(2)(m), and 351(3) of the Bhartiya Nyay Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 4. Case of the prosecution, in brief, is that on 04.01.2025, victim lodged a written report to the Police that applicant has sexually exploited her on the pretext of marriage in between the period from 28.02.2023 to 26.12.2024, and ultimately, refused to marry her. Police registered the offence under Sections 64, 64(2)(m), and 351(3) of the Bhartiya Nyay Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, in which the applicant was arrested on 19.02.2025, and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that victim is a major girl, and there is no legally admissible evidence with respect to age of the victim in the charge-sheet. She would further submit that the victim was in love affair with the applicant, and both of them were in relation since 2022, and engaged in making consensual physical relation with each other. It is only when some dispute arose between them, victim lodged report. Learned counsel further submits that victim used to extract money from the present applicant, which reflects from the Whatsapp chats and transaction history, extracted from mobile phone of the applicant. Applicant is in jail since 19.02.2025, 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. 6. On the other hand, learned State counsel opposes the bail application, and would submit that from the material collected during the investigation, the victim appears to be minor, she was sexually exploited by the applicant. Therefore, he is not entitled for bail. Mcrc 2624 of 2025 3 7. Heard learned counsel for the parties, and perused the case diary, as well as the material annexed with the bail application. 8. 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, and also considering the whatsapp chats annexed with bail application as Annexure A2, I am inclined to grant regular bail to the applicant. 9. Accordingly, the bail application filed by the applicant- Asif Hussain, S/o Yusuf Hussain 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