1 2025:CGHC:43032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5748 of 2025 1 - Ahmad Raja S/o Ramjan Ansari, Aged About 28 Years R/o Bailajhakhada, P.S. Dankai, District Gadwa Jharkhand ... Petitioner versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Rajpur, District Balrampur- Ramanujganj (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Dashrath Kushwaha, Advocate. For Non-applicant : Mr. Suyashdhar Badgaiya, Deputy Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25-08-2025 1. Pursuant to the order dated 23-07-2025, the victim appeared through virtual mode from DLSA, Balrampur and submitted that she has no objection in granting bail to the applicant, her submission is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12-12-2024 in connection with Crime No. 311/2024 registered at Police Station Rajpur, District Balrampur- Ramanujganj (C.G.) for the offence under Section 137(2), 96, 65(1), 351(2) of Bharatiya Nyay Sanhita, 2023 (in short ‘BNS, 2023) and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of the prosecution is that on 18-10-2024, the sister of the victim lodged a report to the police that her younger sister has been kidnapped by Digitally signed by MOHAMMED AADIL KHAN 2 the present applicant and his father Ramjan Ansari on their motorcycle and her whereabouts could not be traced out. The police has registered the FIR under Section 137(2) of BNS, 2023 and started investigation. During the investigation on 19-10-2024 the applicant left the victim to village Bhadar and fled away. After recording her statement the other offence of Section 96, 65(1) and 351(2) of BNS, 2023 and Section 4 and 6 of POCSO Act were added. The applicant has been arrested on 12-12-2024 and chare-sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the offence. He has no concern with the alleged offence and it is on only suspicion the report has been lodged against him. He would further submit that the victim is a major girl. She had gone to her sister’s house and on being pressure created by her family members she lodged the report against the applicant. Before the learned trial Court the victim has been examined as PW-1 and she has completely turned hostile and not supported the prosecution’s case. Co-accused Ramjan Ansari has been released on bail by this Court vide order dated 08-05-2025 passed in MCRC No.2636 of 2025. The applicant is in jail since 12-12-2024 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation against the present applicant and the material collected during the investigation, further considering that the victim has been examined before the learned trial Court as PW-1 and she has completely turned hostile and has not stated anything about the incident against the applicant, co-accused Ramjan Ansari has already been released on bail, the applicant is in jail since 12-12-2024 and final adjudication of the 3 case will take its own time, without commenting anything on merits I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Ahmad Raja for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) 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. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil