1 2025:CGHC:48864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7178 of 2025 1 - Santosh Kumar Tiwari S/o Nandlal Tiwari Aged About 19 Years R/o Gram Chitarpur, P.S. Dhawarpur Distt. Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station Kapu, Distt. Raigarh Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Dinesh Yadav, Advocate. For Respondent(s) : Ms. Priya Sharma, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 23/09//2025 1. Pursuant to the order dated 09.09.2025, the victim along with her father appeared through virtual mode from DLSA, Raigarh and submitted that they have no objection in granting bail to the applicant, their 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 21.07.2025 in connection with Crime No. 23/2024 registered at Police Station Kapu, District Raigarh (C.G.) for the offence under Sections 363 IPC, 137(2) of BNS, 366 IPC/87 BNS, 376(2) (n) IPC/64(2)(m) BNS and Section 6 of POCSO Act, 2012. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.24 16:56:36 +0530 2 3. The case of the prosecution is that on 12.02.2024, the father of the victim lodged a missing report that his minor daughter is missing since 08.02.2024 and her whereabouts could not be traced out. The police has registered the offence under Section 363 of IPC and started investigation. During the investigation the victim was recovered on 19.07.2025 from the possession of the applicant. After recording her statement the other offence of Section 366, 376(2)(n) of IPC and Section 6 of POCSO Act have been added. The applicant has been arrested on 21.07.2025 4. Learned counsel for the applicant would submit that the victim being major girl having love affair with the applicant and she herself on her own will eloped with him and engaged in making consensual physical relation with the applicant and resided with him for a considerable period. It is only under the pressure of her parents she made statement against him. He would further submits that after getting the age of majority, the victim has got married with the applicant and at present the victim is residing at the applicant’s house. The applicant is in jail since 21.07.2025, 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 her 183 B.N.S.S. statement and also considering the submission of the applicant that the applicant has married with the victim after getting age of majority and the victim is residing at the applicant’s house. The applicant is in jail since 21.07.2025 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 Santosh Kumar Tiwari for grant of regular bail is hereby allowed. It is directed that the 3 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) 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