1 2025:CGHC:52022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7544 of 2025 1 - Sunil Kumar Jaiswal S/o Ram Kushal Jaiswal Aged About 18 Years 6 Months, R/o Village - Belgaon Police Station Sarai, District Singrauli (M.P.) (Father Name Correctly Mentioned In Cause Title) ...applicant(s) versus 1 - State Of Chhattisgarh Through P.S.- Janakpur, District - Manendragarh-Chirmiri- Bharatpur, C.G. ... Respondent(s) For applicant (s) : Mr. Shobhit Koshta, Advocate For Respondent(s) : Mr. Vivek Sharma, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 17.10.2025. 1. Pursuant to the order dated 19.09.2025, the father and mother of the victim have appeared through virtual mode from the DLSA Janakpur before this Court and raised objection in granting bail to the applicant. Their objection is taken on record. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.10.17 18:05:48 +0530 2 2. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 10.05.2025 in connection with Crime No. 80/2025 registered at P.S. Janakpur, Dist- Manendragarh Chirmiri Bharatpur (CG) for the offence under Sections 137 (2), 87, 65 of BNS and Section 04 & 06 of POCSO Act. 3. The case of the prosecution is that on 30.04.2025, the uncle of the victim lodged a missing report that his minor niece is missing since 29.04.2025 and her whereabout could not be traced out. The Police has registered the offence under Section 137 (2) of B.N.S. 2023 and started investigation. During the investigation, the victim was recovered on 08.05.2025 when she herself returned back to her house and she was being taken to Police. After recording her statement the other offences under Section 87 and 65 of BNS and Section 4 & 6 of POCSO Act have been added. The applicant has been arrested on 10.05.2025 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 and there is no legally admissible evidence against the applicant. She has on her own will eloped with the applicant and both of them gone to Jabalpur, where they resided in the rented house, performed marriage at a temple and resided there. When she returned back to her house, her parents taken her to the Police and under the pressure of her parents, she made statement against the applicant. He would further submit that the victim has examined before the learned trial Court as PW-2 and has completely turned hostile and not supported the prosecutions’ case. The applicant is in jail since 10/05/2025, 3 and final adjudication will take its own time, therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering that the victim has been examined before the learned trial Court and completely turned hostile, without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed. 8. It is directed that the applicant Sunil Kumar Jaiswal 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 Sagrika