Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7028 of 2025 1 - Dushyant Kumar Sonwani S/o Shri Lochan Kumar Sonwani Aged About 21 Years R/o Bhothali, P.S. And District Balod Chhattisgarh
... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Balod, District Balod Chhattisgarh
... Non-applicant(s) For Applicant(s) : Mr. Prasoon Agrawal, Advocate. For Non-applicant(s) : Mr. Karan Kumar Baharani, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 18/09//2025
1. Pursuant to the order dated 03.09.2025 the father of the victim appeared through virtual mode from DLSA, Balod and submitted that he has no objection in granting bail to the applicant, his 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 07.06.2025 in connection with Crime No. 81/2025 registered at Police Station Balod, District Balod (C.G.) for the offence under Sections 137(2), 87, 64(2)(m) of BNS, 2023 & Section 5((ठ) / 6 of POCSO Act, 2012.
3. The case of the prosecution is that on 09.02.2025, the father of the victim lodged a missing report that his minor daughter is missing since 08.02.2025 and her whereabouts could not be traced out. The police has registered the ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.19 10:32:28 +0530
2 offence under Section 137 of BNS, 2023. During the investigation the victim was recovered on 06.06.2025 from the possession of the applicant. After recording her statement the other offence of Section 87 and 64(2)(m) of BNS, 2023 & Section 5((ठ) / 6 of POCSO Act, have been added. The applicant has been arrested on 07.06.2025 and charge-sheet has been filed.
4.
Learned counsel for the applicant would submit that the victim being major girl having love affair with the applicant. There is no legally admissible evidence with respect to the age of the victim. The victim herself eloped with applicant and both of them had gone to Hyderabad and she has not raised any objection upto Hyderabad, she made consensual physical relation with the applicant. It is only under the pressure of her parents she made statement against him. The applicant is in jail since 07.06.2025, 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 the bail application.
6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim, further considering material collected during the investigation with respect to the age of the victim and also the fact that both of them had gone to Hyderabad which reflected from her 183 of BNSS, 2023 statement, without commenting anything on merits, the applicant is in jail since 07.06.2025 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail.
7. Consequently, the bail application filed by the applicant Dushyant Kumar Sonwani 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
3 sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) 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 fact to the Court. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge
Alok