1 2025:CGHC:33736 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5065 of 2025 1 - Dulesh Netam S/o Jagdish Netam Aged About 25 Years R/o Jaitpuri, Police Station - Sihawa, District - Dhamtari (C.G.) ... Applicant versus 1 - State of Chhattisgarh through The Station House Officer, Police of Police Station - Keregaon, District - Dhamtari (C.G.) ... Respondent For the Applicant : Mr. Praveen Dhurandhar, Advocate For the State : Mr. Vivek Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17.07.2025 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. 05/2025 registered at Police Station Keregaon, District Dhamtari (C.G) for the offences punishable under Sections 137(2), 87, 64(2)(m) of BNS 2023 and section 6 of the POCSO Act. 2. The prosecution story, in brief, is that a report was lodged by the father of girl on 20.02.2025 that his daughter was found missing since 20.02.2025 and during investigation, she was recovered from the applicant on 25.02.2025. When the girl was inquired, she has disclosed that the applicant had taken her away to village Jaitpuri and committed sexual intercourse. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.18 11:33:59 +0530 2 3. Learned counsel for the applicant submits that there was love affairs between the applicant and victim, she had voluntarily accompanied the applicant and she was consenting party. He further submits that although the prosecutrix is stated to be minor, yet the evidence of correct age has not been proved by the prosecution. He submits that the applicant is in jail since 26.02.2025 and till date, out of 12 witnesses, only the victim has been examined and turned hostile and further there is no immediate possibility of disposal of the case, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the girl was minor and the applicant took away the minor girl from the lawful custody of her parents. 5. The victim girl along with her mother appeared through VC from the concerned DLSA. The victim has not objected to granting bail whereas her mother has objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the fact that the trial is likely to take time, without observing anything on merits of the case, I am inclined to release him on regular bail at this stage. 7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a bail 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 3