NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7245 of 2025 Rakesh Khande @ Mogli @ Raja S/o Sukalu Khande Aged About 20 Years R/o Jhulna Khurd Ps City Kotwali Mungeli District Mungeli (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Ps City Kotwali District Mungeli (C.G.) ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Dhirendra Pandey, Advocate For Respondent/State : Shri Karan Kumar Bahrani, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.09.2025 1. Pursuant to order dated 11.09.2025, victim and her father appeared in person before this Court, and submitted that they have no objection in granting bail to the applicant. Their submission 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 05.05.2025 in connection with Crime No.264 of 2024 registered at PS-City Kotwali, Mungeli, District- Mungeli, CG, for the offence punishable under Sections 363, 366 and 376(2)(n) of the IPC, and Sections 4 and 6 of the POCSO Act, 2012. Digitally signed by V PADMAVATHI Date: 2025.09.26 10:58:54 +0530 Mcrc 7245 of 2025 2 4. Case of the prosecution in brief is that on 28.05.2024, father of the victim lodged a missing report that her minor daughter is missing since 27.05.2024, and her whereabouts could not be traced out. Police has registered the offence under Section 137(2) of the BNS 2023, and started investigation. During the investigation, victim was recovered from the possession of the applicant on 05.05.2025, and after recording her statement, other offences under Sections 366 and 376(2)(n) of the IPC, and Sections 4 and 6 of the POCSO Act, 2012 have been added. Applicant has been arrested on 05.05.2025, 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. There is no legally admissible document with respect to age of the victim in the charge-sheet. Victim herself had gone with the applicant on her own will and both of them performed marriage, and earning their livelihood at Hyderabad and when they were returning to their native place, Police arrested the applicant. Victim has made statement against him, only under pressure of her parents. The victim has been examined before the learned trial Court as PW1, in which also she stated that she got married with the applicant, and had gone to Hyderabad. The applicant is in jail since 05.05.2025, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 6. On the other hand, learned counsel for the State 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 Mcrc 7245 of 2025 3 collected during the investigation, further, considering the fact that the victim got married with the applicant, and both of them resided at Hyderabad to earn their livelihood for a considerable period, further that the applicant is in jail since 05.05.2025, 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- Rakesh Khande @ Mogli @ Raja, s/o Sukalu Khande 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