1 2025:CGHC:30702 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3629 of 2025 1 - Sachin Das S/o Gita Das Vaishnav Aged About 32 Years R/o Bairagarh Khuman, Police Station - Shyampur, District Sehore Madhya Pradesh ... Applicant versus 1 - State of Chhattisgarh through Station House Officer, Police Station Doundi, District - Balod Chhattisgarh ... Respondent For the applicant : Mr. Nimesh Kumar Jha, Advocate For the State : Ms. Priya Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 04.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 99/2023 registered at Police Station Doundi District Balod, Chhattisgarh for the offences punishable under sections 363, 366, A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.04 16:12:04 +0530 2 376(2)(n) of IPC and Section 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012. 2. The prosecution story, in brief, is that on 14.4.2023, the father of the girl has lodged the report that his daughter is missing since 10.04.2023, which led to registration of crime and during investigation, the girl was recovered from the custody of the applicant. The allegation against the applicant is that knowing the victim to be a minor girl he allured and took her away without consent of her legal guardianship and committed forceful sexual intercourse with her, due to which, she became pregnant and a child was born to her. 3. Learned counsel for the applicant submits that at the time of incident, the prosecutrix was major and was a consenting party. He submits that the prosecutrix left the house due to dispute with her family members and thereafter she started working as labour at Sehore (M.P) where the applicant was also doing the labour work, as such, they came to know with each other and there was love affairs between them. He further submits that after attaining the age of majority, she had married the applicant and out of the wedlock, a child was also born and there is no main male member to look after him. It is further submitted that the victim has already been examined and she has not supported the case of prosecution. He submits that earlier applicant was granted interim bail for 15 days and thereafter he surrendered and did not misuse the liberty granted to him. He submits that the applicant is in jail since 20.03.2025 and till date, out of 22 witnesses, only the victim and 3 her father have been examined and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the girl was minor and the applicant has enticed her away from the lawful custody of her parents and established physical relations, thereby the girl became pregnant and gave birth to a child. 5. The victim girl along with her father is present in person before the Court and have not objected to grant bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, without observing anything on merits of the case, I am inclined to release the applicant on regular bail. 7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. CC today. Sd/- (Sanjay Kumar Jaiswal) Judge Rao