1 2025:CGHC:21814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2798 of 2025 Sudarshan Verma S/o Late Lekhanram Verma Aged About 25 Years R/o Ward No. 05, Kantali, Police Station City Kotwali, District Bemetara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Amit Kumar Sahu, Advocate For Respondent/State : Mr. Gorelal Uikey, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09/05/2025 1. Pursuant to the order dated 09.04.2025, the victim along with her father appeared through virtual mode from DLSA, Bemetara 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 regular VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.10 17:27:26 +0530 2 bail. The applicant has been arrested in connection with Crime No. 42 of 2025, registered at Police Station Bemetara, District Bemetara (C.G.) for the offence under Sections 137(2), 87, 64(1), 64(2) and 59 of Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of the prosecution, in brief, is that on 18.01.2025, the mother of the victim lodged a missing report that her minor daughter is missing since 17.01.2025 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of BNS and started investigation. During the investigation, the victim was recovered from Pune, Maharashtra from the possession of the applicant and after recording her statement, the offences under Sections 87, 64(1), 64(2) and 59(m) of BNS and Sections 4 and 6 of POCSO Act have been added. The applicant has been arrested on 10.02.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the mother of the victim has performed second marriage and she used to reside with her mother along with her stepfather, but her stepfather was having evil eye upon her. On the date of incident, when the quarrel took place between her stepfather and mother, she left her house and had gone to the applicant with whom she was having affair since 4 years and both of them had gone to Pune. Since the mother of the victim has already lodged the missing report, the police has recovered them from Pune. The applicant has been arrested on 10.02.2025, final 3 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. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by the learned counsel for the parties, as also considering the nature of allegations and the material collected during the investigation, further considering the fact that the victim herself left her house and had gone to the applicant with whom she was having affair since 4 years and both of them had gone to Pune. Further that the applicant is in jail since 10.02.2025 and final adjudication of the case will take its own time, without commenting anything on merits of the case, 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. 4 (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