1 2025:CGHC:21775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2706 of 2025 1 - Suraj Gandharv S/o Shri Late Mulchand Gandharv, Aged About 18 Years, R/o Village Kanhera Chouki Khandsara Police Station and District - Bemetara (C.G.) (As per chargesheet) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer Police Station Bemetara District - Bemetara (C.G.) ... Non-applicant/Respondent For Applicant : Mr. Hemant Kumar Sahu, Advocate. For State/Non-applicant : Mr. G.L. Uikey, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09-05-2025 1. Pursuant to the order dated 07-04-2025 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. 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 on 09-08-2024 in connection with Crime No.418/2024 registered at P.S. - Bemetara, District - Bemetara, Chhattisgarh for the offence under Section 137(2), 64(1), 64(2)(m), 5(1), 87, 332(b), 3(5) of BNS and Section 4, 6 of POCSO Act. 3. The case of prosecution is that, on 04-08-2024 a missing report was lodged by the father of the victim that his minor daughter is missing and her whereabouts could Digitally signed by MOHAMMAD AADIL KHAN 2 not be traced out. The police registered the offence under Section 137(2) of BNS and started investigation. During the investigation the victim was recovered on 07-08-2024 from the possession of the applicant from Village Dhaneli and after recording her statement other offences under Section 64(1), 64(2)(m), 5(1), 87, 332(b) and 3(5) of BNS and Section 4 and 6 of POCSO Act have been added and the applicant has been arrested on 09-08-2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim was a major girl having love affair with the applicant, she herself eloped with him on her own will and engaged in making consensual physical relation with him. She visited various places with him and has not raised any complaint to anyone. The applicant is in jail since 09- 08-2024 and final adjudication of the case will take its own time. Therefore, the applicant 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 applicant, considering the nature of allegation and material collected during the investigation, further considering the material with respect to the age of victim and her statement recorded under Section 183 of BNSS, 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 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 the 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/her from disclosing such facts to the Court ; (ii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and 3 (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil