NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7163 of 2025 Kodi Veera S/o Late Kodi Kanna Aged About 27 Years R/o Village Pentapara, Maraiguda, P.S. Maraiguda, District Sukma Chhattisgarh ... Applicant (s) versus State Of Chhattisgarh Through Station House Officer, Police Station Maraiguda, District Sukma (C.G.) ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Nitansh Kumar Jaiswal, For Respondent/State : Shri Karan Kumar Bahrani, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.09.2025 1. Pursuant to order dated 23.09.2025, victim and her father appeared through virtual mode from the concerned DLSA, and submitted that they have no objection in granting bail to the applicant. Their submission has been taken on record. 2. This bail application has been 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 26.04.2025 in connection with Crime No.03 of 2025 registered at PS-Maraiguda, District- Sukma, CG, for the offence punishable under Sections 137(2), & 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act, 2012. Digitally signed by V PADMAVATHI Date: 2025.09.26 10:58:54 +0530 Mcrc 7163 of 2025 2 4. Case of the prosecution in brief is that on 13.04.2025, father of the victim lodged a missing report that her 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, victim was recovered from the house of her aunt, and after recording her statement, other offences under Sections 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act, 2012 have been added. Applicant has been arrested on 26.04.2025, and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that applicant has been falsely implicated in the offence. Applicant has not taken the victim or committed any offense on her. Only on suspicion, applicant has been implicated in the case. Victim has made statement against him, only under pressure of her parents. Mother of the victim herself has made statement that the victim found in the house of her aunt. The victim and her mother have been examined before the learned trial Court as PW1 and PW2 respectively, who completely turned hostile, and not supported the prosecution case. The applicant is in jail since 26.04.2025, charge-sheet was filed and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned counsel for the State 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 allegation against the applicant, as well as material Mcrc 7163 of 2025 3 collected during the investigation, further, considering the statement of victim and her mother, who have been examined before the learned trial Court as PW1 and PW2 respectively, and completely turned hostile, further that the applicant is in jail since 26.04.2025, and final adjudication of the case 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- Kodi Veera, s/o late Kodi Kanna 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/her 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/her by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma