1 2025:CGHC:31584 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4555 of 2025 Shiva Sahu S/o Ashok Sahu Aged About 18 Years R/o Village Singharpur, Police Station Bhatapara, District Baloudabazar Bhatapara Chhattisgarh. ... Applicant versus State of Chhattisgarh through The Station House Officer, Police Station Fingeshwar, District Gariyaband Chhattisgarh. ... Respondent For the applicant : Mr. Shivendu Pandya,Advocate For the State : Mr. Vivek Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 09.07.2025 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. 49/2025 registered at P.S. Fingeshwar, District Gariyaband (C.G) for the offence punishable under Sections 137(2), 87, 64(3) of B.N.S. and sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (As per the charge sheet) and Sections 137(2), 87, 64(2)(m) of BNS and Sec. 4 & 6 of POCSO Act (as per the charge framed by the learned trial Court). 2. The prosecution case is that on 18.02.2025, the father of victim girl has filed a written report to the effect that on 17.02.2025 his minor daughter had gone to school and did not come back to home and some unknown person took her away from his lawful custody. During investigation, the girl was recovered from the possession of the applicant on 20.02.2025 and on inquiry, the victim revealed that the applicant knowing A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.10 10:17:52 +0530 2 well that she was minor took her away on the pretext of marriage and after performing marriage with her in a Temple he kept her in his house as wife and committed forcible sexual intercourse on many occasions. 3. Learned counsel for the applicant submits that the prosecutrix is major lady, she had love affairs with the applicant and voluntarily accompanied and visited with him from one place to another, therefore, she was a consenting party. He further submits that the victim has been examined and has become hostile to the prosecution. It is further submitted that out of total 14 witnesses, only two witnesses have been examined. He further submits that the applicant is in jail since 21.02.2025 and there is no immediate possibility of disposal of the case, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the applicant was minor and the applicant took her away from the lawful custody of the parents and committed forcible sexual intercourse on the pretext of marriage. 5. The victim girl along with her father has appeared through VC from the concerned DLSA and stated that they have no objection if the applicant is granted bail. 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, this Court is inclined to grant bail to the applicant. 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. Sd/- (Sanjay Kumar Jaiswal) Judge Rao