1 2025:CGHC:27289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3999 of 2025 Deva Nishad S/o Rajendra Nishad Aged About 20 Years R/o Village Kothar Tikripara, Police Station Pipariya , District - Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pipariya, District - Kabirdham (C.G.) ... Respondent For Applicant : Mr. Dharmesh Shrivastava, Adv. For Respondent : Mr. Karan Kumar Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 24/06/2025 1. The victim along with her mother appeared through virtual mode from concerned DLSA before this Court today and recorded ‘no objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 398/2024, registered at Police Station – Pipariya, District- Kabirdham (C.G.) for offence Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.24 16:54:48 +0530 2 punishable under Sections 137(2), 87, 64 (2)(m), 64 (2)(h) of BNS and U/s 4, 6 of the POCSO Act. 3. The prosecution story, in short, is that on 04.12.2024, the father of the victim lodged a report at Police Station Pipariya stating that on the night of 01.12.2024, at around 10:00 PM, they all had dinner and went to sleep. He was sleeping in the room in front of the hut at the brick kiln, while his wife and children were sleeping inside the room. When he woke up in the morning, he found that his daughter Kumari Sita Nishad was not on her cot; she had gone somewhere without informing anyone. It is alleged that some unknown person, knowing that the victim was a minor, lured and took her away. Based on the complainant’s report, a First Information Report was registered at Police Station Pipariya against an unknown accused for an offence punishable under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023. During course of investigation, on 06.05.2025, the victim was recovered from the possession of the applicant/accused and her statement was recorded. On the basis of her statement, the other offences were added against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim was performed marriage with the applicant and she is 5 months pregnant. He further submits that at the time of incident, the victim was aged about 17 years 8 months and as per the judgment passed by Hon’ble the Supreme Court in the matter of Tilku alias Tilak Singh Vs. State of Uttarakhand reported in 2025 SCC OnLine SC 353, it has been held that 16-18 years of age was very much in the age of understanding as to what was right and wrong for the victim. He lastly submits that the applicant is in jail since 07.05.2025 and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail. 3 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, nature of offence and further considering that the charge-sheet has not been filed till date, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham