1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6662 of 2025 1 - Hem Lal Bhardwaj S/o Ghasi Ram Bhardwaj Aged About 23 Years R/o Village - Gadamod, Police Station - Jaijaipur, District- Sakti (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Hasaud, District- Sakti Chhattisgarh. ... Respondent For Applicant : Mr. Dharmesh Srivastava, Advocate. For State : Mr. H.A.P.S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 04/09/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 65/2025 registered at Police Station Hasaud, District Sakti (C.G.), for the offence punishable under Sections 137(2), 87, 64, 3(5) of BNS, 2023 and Section 4 of POCSO Act. 2. As per the prosecution’s case, the applicant has allured a Digitally signed by HEERA LAL SAHU Date: 2025.09.04 17:35:50 +0530 2 minor girl on pretext of marriage, and fled away with her and thereafter subjected her to sexual intercourse and performed marriage with the victim without the consent of her lawful guardianship. Based on this, offence has been registered against the present applicant. 3. The first bail application of the applicant was dismissed on merit in MCRC No. 5243/2025 on 23.07.2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that before the rejection of the first bail application, on 22.07.2025, the victim had been examined before the trial Court, but the copy of her statement has not been produced before this Court. Looking to the statement of the victim, it is clear that the victim is a consenting party and she along with applicant lived as a husband and wife. The prosecutrix has not supported the case of the prosecution. In the FIR and the statement of the victim recorded under Section 183 of BNSS also the age of the victim/prosecutrix is stated to be 19 years old. FSL report is also negative. The applicant is in jail since 15.05.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 5. On the other hand, learned counsel for the State opposed the bail application, submitting that, according to the 10th 3 class mark sheet of the victim, her date of birth is 30.11.2007, which means the victim was approximately 17 years, 4 months, and 25 days old at the time of the incident. The applicant committed a heinous offence with a minor girl; therefore, at this stage, he may not be enlarged on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that there are a total of 26 listed witnesses in this case, the victim was examined on 22.07.2025, but the copy of the statement of the victim was not filed at that time, and the first bail application of the applicant was dismissed. The victim in her statement recorded before the Court, stated that she was 19 years old at the time of the incident and turned hostile. In the FIR also the age of the victim was also recorded as 19 years old. The applicant is in custody since 15.05.2025, and the trial is likely to take considerable case; therefore, at this stage, without commenting on the merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the application is allowed and 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 trial 4 Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu