2025:CGHC:47904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6934 of 2025 Mithun Kumar Das S/o Ganesh Das Mahant, Aged About 27 Years R/o- Bimal Dangal Police Station - Shripermbar, District - Kanchipuram Chennai Tamilnadu ... Petitioner(s) versus State Of Chhattisgarh Through - Station House Officer Police Station - Bilaigarh, District - Sarangarh Bilaigarh (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Vikram Pratap, Advocate For Respondent/State : Ms Laxmeen Kashyap, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17.09.2025 1. Pursuant to order dated 02.09.2025, father of the victim appeared through virtual mode from the DLSA Sarangarh, and raised objection in granting bail to the applicant. His objection is taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. The applicant was arrested on 15.04.2025 in connection with Crime No.61 of 2025 registered at PS- Bilaigarh, District-Sarangarh Bilaigarh, CG, for the offence punishable under Sections 137(2), 87, and 64(2-M) of the Bharatiya Nyaya Sanhita, 2023, and Section 5(L), and 6 of the POCSO Act, 2012. Digitally signed by V PADMAVATHI Date: 2025.09.18 14:49:21 +0530 Mcrc 6934 of 2025 2 4. Case of the prosecution in brief is that 04.03.2025, father of the victim lodged missing report that his minor daughter is missing, and her whereabouts could not be traced out. Police has registered the offence under Section 137(2) of the BNS and started investigation. During the investigation, prosecutrix was recovered on 13.04.2025 from Chennai, from possession of the applicant, and after recording her statement, offences under Sections 87, 64(2-M) of the Bharatiya Nyaya Sanhita, 2023, and Section 5(L), and 6 of the POCSO Act, 2012 have been registered against the applicant, he has been arrested on 15.04.2025, and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that prosecutrix being a major girl, having love affair with the applicant. There is no legally admissible evidence with respect to charge-sheet, filed against the applicant, as she herself eloped with him on her own will, both of them have gone to Chennai for earning livelihood, and they are engaged in consensual physical relationship. On pressure of her parents, she made statement against the applicant that he committed rape upon her. Applicant is in jail since 15.04.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant. 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegations against the applicant, as well as material collected during the investigation, further, considering age of the victim, further that applicant is in jail since 15.04.2025, and final adjudication of the case Mcrc 6934 of 2025 3 would take some time, without commenting anything on merits of the case, this Court is inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Mithun Kumar Das, s/o Ganesh Das Mahant, is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant 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 facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. iv. Applicant shall cooperate with the investigation and the trial. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma