1 2025:CGHC:41110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5824 of 2025 Kallu Ahirwar S/o Shri Baldev Ahirwar Aged About 21 Years R/o Village Urdamau, Police Station Mahrajpur District- Chhatarpur (Mp) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali Mungeli , District - Mungeli (C.G.) ... Respondent For Applicant : Mr. Parasmani Shrivas, Adv. For Respondent/State : Mr. Karan Kumar Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 14/08/2025 1. The victim along with her mother appeared in person 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.503/2024, registered at Police Station – City Kotwali, District- Mungeli (C.G.) for offence punishable under Sections 137(2), 87, 64 (m), 5(L) of the BNS and Section 6 of the POCSO Act, 2012. 3. The prosecution story, in short, is that mother of the victim lodged a complaint in concerned police station alleging therein that her daughter is missing since 10.12.2024 and she suspected that the applicant has lured her daughter and taken her away. Based on above complaint, SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.14 16:55:39 +0530 2 investigation was conducted. During course of investigation, the victim was recovered on 20.06.2025 from the possession of the applicant and thereafter her statement was recorded. On the basis of her statement, the offence under the aforementioned Sections was registered 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 there was a love relationship between the applicant and the victim and she herself left her house and joined the company of the applicant on her own free will. The victim and the applicant have also performed marriage and the victim is also pregnant by the applicant. The victim is living in the house of the applicant, she has no objection in granting bail to the applicant and she wants to live with the applicant. He lastly submits that the applicant is in jail since 22.06.2025, the charge-sheet has not been filed till date and the trial is likely to take 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 date of birth of the victim is 15.07.2008 and at the time of incident, she was minor. Furthermore, she became pregnant by the applicant. Therefore, looking to the nature of offence, the applicant may not be released on bail. 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, the age of the victim, the nature of offence and the fact that as stated, even 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