1 / 3 2025:CGHC:2249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8652 of 2024 1 - Maheshwar Dhiwar @ Raja S/o Lakhan Lal Dhiwar Aged About 25 Years R/o Village Pikridih, Police Station Kharora, District- Raipur, Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District- Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. C.R. Sahu, Advocate For State : Ms. Pushpalata Khalkho, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 21/07/2024 in connection with Crime No. 565/2024, registered at Police Station Khamtarai, District Raipur, C.G. for the offence punishable under Sections 137 (2), 87, 64 (2) (M) of the Bharitya Nayay Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. As per the prosecution case on 07/07/2024 father of the victim lodged the report that his daughter is missing since 2.30 o’clock in the afternoon ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.15 17:27:33 +0530 2 / 3 and she had gone out of the home to meet friend and she did not return back. On the basis of the missing report, the FIR was registered and the prosecutrix was recovered during investigation and she revealed that the applicant has committed sexual intercourse with her and she has gone different placed along with the applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the statement of the victim has already been recorded before the trial Court and she has not deposed anything against the accused. He would next contend that the applicant and victim are in love affair with each other and the prosecutrix herself has joined the company of the applicant. He would next contend that the prosecutrix in her statement under Section 164 Cr.P.C. has stated that applicant has not done anything wrong with her. He would lastly contend that the false FIR has been registered against the applicant under the pressure of the family members, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix along with her father appeared through video conferencing from the concerned DLSA and the prosecturix recorded her no objection for grant of bail to the applicant, however, her father raised objection with regard to grant of bail. 6. Perusal of the statements of the prosecutrix would show that no allegation of rape has been leveled against the applicant and it is a case of elopement, considering the same and also considering the fact that the charge-sheet in this case has been filed; the prosecutrix has given her no 3 / 3 objection for grant of bail to the applicant; and the applicant is in jail since 21/07/2024, I am inclined to release the applicant on bail. 7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.15,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. SD/- (Arvind Kumar Verma) JUDGE ashu