1 2025:CGHC:49490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7320 of 2025 1 - Ajay Paswan S/o Shri Chhavindra Paswan, Aged About 23 Years, R/o Ward No.09, Wadrafnagar, Police Chowki Wadrafnagar P.S. Basantpur District- Balrampur-Ramanujganj (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Chowki, Wadrafnagar, P.S. Basantpur District- Balrampur-Ramanujganj (C.G.) ...Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Hariom Roi, Advocate. For State/Non-applicant : Ms. Laxmeen Kashyap, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal,J. Order on Board 26-09-2025 1. Pursuant to the order dated 12-09-2025 the victim along with her mother appeared through virtual mode from DLSA Balrampur and submitted that they have no objection in granting bail to the applicant. Their submission is taken on record. 2. Heard on the application filed under Section 483 of BNSS, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 13-04-2025 in connection with Crime No.67/2025 registered at Police Chowki, Wadrafnagar, P.S. Basantpur, District- Balrampur- Ramanujganj, Chhattisgarh for the offence under Section 137(2), 87, 64(2)(M), 65(1) of BNS, 2023 and Section 4(2), 5(B)/6 of POCSO Act, 2012. 3. The case of prosecution is that, on 08-04-2025 the mother of the victim lodged a missing report that her minor daughter is missing since 07-04-2025 and her Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.26 19:24:10 +0530 2 whereabouts could not be traced out. The police registered the offence under Section 137(2) of BNS, 2023 and started investigation. During the investigation the victim was recovered from the possession of the applicant from Muddhova turning at Uttar Pradesh and after recording her statement other offences under Section 87, 64(2) (M), 65(1) of BNS, 2023 and Section 4(2), 5(B))/6 of POCSO Act, 2012 have been added and the applicant has been arrested on 13-04-2025 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, she herself on her own will eloped with him and both of them have travelled upto Delhi and from where they have gone to Uttar Pradesh and she has not made any complaint to any one that she was being kidnapped or subjected to forceful sexual intercourse by the applicant. She on her own will engaged in making consensual sexual relation with the applicant. He would further submit that the victim has been examined before the learned trial Court and she has completely turned hostile and not supported the prosecution’s case. The applicant is in jail since 13-04-2025 and final adjudication of the case will take its own time. Therefore, the applicant may be released on bail. 5. On the other hand, learned counsel for the State/non-applicant opposes the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the material collected during the investigation as well as the statement of the victim recorded under Section 183 of BNSS, 2023 and also the fact that the victim has been examined before the learned trial Court and she has completely turned hostile, the applicant is in jail since 13-04-2025, without commenting anything on merits of the case I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of BNSS, 2023 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 sum of Rs.25,000/- 3 with one surety in the like sum to the satisfaction of the concerned trial Court, on the 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/her from disclosing such facts to the Court ; (ii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil