2025:CGHC:48866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7144 of 2025 Devkumar Kosle S/o Indal Prasad Kosle Aged About 31 Years R/o Singhora, Police Station Palari, District Balodabazar, C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Palari, District Balodabazar, C.G. ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Siddharth Pandey, Advocate appears through virtual mode For Respondent/State : Ms Priya Sharma, PL For the Objector ; Shri Khilendra Sahu, Advocate ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23.09.2025 1. Pursuant to order dated 09.09.2025, victim and her mother appeared through virtual mode from the concerned DLSA, and raised their objection in granting bail to the applicant. Their objection 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 01.07.2025 in connection with Crime No.182 of 2025 registered at PS- Palari, District-Balodabazar, CG, for the Digitally signed by V PADMAVATHI Date: 2025.09.25 10:50:52 +0530 Mcrc 7144 of 2025 2 offence punishable under Sections 137(2), 64(2)(m), & 87 of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the POCSO Act, 2012. 4. Case of the prosecution in brief is that on 26.05.2025, mother of the victim lodged a missing report that her minor daughter is missing since 26.05.2025 noon, 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 on 29.06.2025 from possession of the applicant, and after recording her statement, offences under Sections 64(2)(m), and 87 of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the POCSO Act, 2012 have been added against the present applicant. He has been arrested on 01.07.2025, and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that victim is a major girl, having love affair with the applicant. She herself eloped with the appellant, and she herself eloped with the applicant on her own will, and engaged in making consensual physical relation with the applicant. She was residing with relative of the applicant for more than one month, but she has not raised any objection during that period, and not complained to anyone with respect to the alleged offence. It is only under the pressure of her parents, victim has made statement. The applicant is in jail since 01.07.2025, charge-sheet was filed and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. Mcrc 7144 of 2025 3 6. On the other hand, learned counsel for the State as well as the objector, vehemently 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 collected during the investigation, further, considering the statement of Section 183 of the BNS 2023, of the victim, and that the applicant is in jail since 01.07.2025, 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- Devkumar Kosle, S/o Indal Prasad Kosle 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