1 2025:CGHC:49333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7250 of 2025 1 - Dhaneshwar Sahu S/o Gokul Sahu Aged About 24 Years At- Village Sasha, Police Station Palari, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Fingeshwar, District : Gariyabandh, Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Lukesh Kumar Mishra, Advocate (through virtual mode) For Respondent(s)/State : Mr. Karan Kumar Baharani, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25/09/2025 1. Pursuant to the order dated 11.09.2025, the victim along with her father appeared through virtual mode from DLSA, Gariyaband and raised objection in granting bail to the applicant. Their objection 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 VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.26 19:57:27 +0530 2 regular bail. The applicant has been arrested in connection with Crime No. 137 of 2025, registered at Police Station Fingeshwar, District Gariyaband, Chhattisgarh for the offence under Sections 137(2), 87 and 64(2)(m) of the Bharatiya Nyay Sanhita, 2023 (in short ‘BNS, 2023’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). 3. The case of the prosecution is that, on 24.05.2025, the father of the victim lodged a missing report that his minor daughter is missing since 23.05.2025 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of Bharatiya Nyay Sanhita, 2023 (in short ‘BNS, 2023’) and started investigation. During the course of investigation, the victim was recovered on 03.06.2025 from the possession of the applicant and after recording her statement, the other offences of Sections 87 and 64(2)(m) of the BNS, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) have been added. The applicant has been arrested on 04.06.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant. Both of them had gone together and she made physical relation with the applicant without raising any objection and without making any complaint. It is only under the pressure of her parents, she made statement against the applicant. The applicant is in jail since 04.06.2025, final adjudication of the case will take its own time, and therefore, he may be enlarged on bail. 3 5. On the other hand, learned counsel for the State opposes. 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, further considering the material collected during the investigation and also in view of her 183 BNS statement, 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