1 2025:CGHC:47611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6904 of 2025 1 - Kewal Kumar Sahu S/o Anup Sahu Aged About 23 Years R/o Devri Thana, Kurud, Distt. Dhamtari Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Kurud, Distt. Dhamtari, Chhattisgarh. ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Balraj Gupta, Advocate For Respondent(s)/State : Mr. Karan Kumar Baharani, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 16/09/2025 1. Pursuant to the order dated 01.09.2025, the victim along with her mother appeared through virtual mode from DLSA, Dhamtari and submitted that they have no objection in granting bail to the applicant. Their submission is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.17 18:26:43 +0530 2 Crime No. 114 of 2025, registered at Police Station Kurud;, District Dhamtari, Chhattisgarh for the offence under Sections 137(2), 87, 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of prosecution, in brief, is that, on 04.05.2025, the father of the victim lodged a missing report that his minor daughter is missing since 26.04.2025 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of the BNS, 2023 and started investigation. During the investigation, she recovered on 01.06.2025 from the possession of the applicant from Raipur and after recording her statement, the other offences of Sections 87, 64(2)(M) of BNS and Section 6 of POCSO Act have been added. The applicant has been arrested on 02.06.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl having more than 18 years of age. She was having love affair with the applicant and both of them have eloped and they engaged in making consensual physical relation. He would further submit that the victim has been examined before the learned trial Court as PW-1 and she has completely turned hostile and not supported the prosecutions’ case. The applicant is in jail since 02.06.2025 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. 3 6. I have heard learned counsel for the parties and perused the material available in the case. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegations and the material collected during the investigation, further considering the evidence with respect to the age of the victim and also that she has been examined before the trial Court as PW-1 and completely turned hostile, without commenting anything on merits, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. 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. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved