1 2025:CGHC:6618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 49 of 2025 Kishanlal Sahu S/o Shyamlal Sahu Aged About 21 Years R/o Nawagaon, Post Kandel, District Dhamtari Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Arjuni, District Dhamtari Chhattisgarh. ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 156/2024 registered at Police Station – Arjuni, District- Dhamtari (C.G.) for the offence punishable under Sections 363, 366 and 376 of Indian Penal Code and Sections 4 & 6 of the Protection of Children From Sexual Offences Act, 2012. 2. The prosecution’s case, in brief, is that on 06.05.2024, the father of the victim lodged a report at Police Station Arjuni, alleging that his RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.06 11:06:07 +0530 2 minor daughter had been missing since 04.05.2024. Based on this report, an offense under Section 363 of the IPC was registered against an unknown person. During the investigation, the victim was recovered, and based on her statement, offences under Sections 363, 366, and 376 of the IPC, as well as Sections 4 and 6 of the POCSO Act, were registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim and the applicant are having love affair since long and they have performed love marriage before Arya Samaj Mandir on 24.10.2024 and on the date of marriage, the victim was attained the age of majority. After performing marriage, the victim has informed the concerned police authorities that she has performed marriage with the applicant, therefore, no action may be taken against the applicant if any complaint is being made by her parental family members. The copy of marriage certificate, afÏdavit and information to the police are collectively annexed as Annexure A/2. He further submits that the applicant and victim both are major and they have performed love marriage on their own and free will, without any fear, protest or duress, as they have decided to live with each other as spouse, therefore, the essential ingredients of alleged offences are not made out against the applicant. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the 3 applicant and submits that the father of the victim lodged a report at Police Station Arjuni, alleging that his minor daughter had been missing since 04.05.2024. Based on this report, an offense under Section 363 of the IPC was registered against an unknown person. During the investigation, the victim was recovered, and based on her statement, offences under Sections 363, 366, and 376 of the IPC, as well as Sections 4 and 6 of the POCSO Act, were registered against the applicant, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that though in compliance with the order dated 22.01.2025, the father of the victim appeared in person through video conferencing facilitated by the District Legal Services Authority (DLSA) and objected the prayer of grant of anticipatory bail to the present applicant but, the applicant and the victim are both adults who have entered into a love marriage of their own free will, without any fear, protest, or duress, having decided to live together as spouses, therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kishanlal Sahu, on executing a personal bond and one surety in the like sum to the satisfaction of 4 the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan