2025:CGHC:51261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7407 of 2025 Deepak Khande S/o Chintaram Khande Aged About 21 Years R/o Village- Khujaha, Police Station- City Kotwali Mungeli, District Mungeli C.G ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- City Kotwali Mungeli, District Mungeli C.G ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Ms Indrapreet Kaur Chhabra, Advocate For Respondent/State : Ms Priya Sharma, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 14.10.2025 1. Pursuant to order dated 16.09.2025, parents of the victim appeared through virtual mode from the concerned DLSA, and raised objection in granting bail to the applicant. Their objection has been taken on record. 2. Heard on the application 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. Applicant was arrested on 02.06.2025 in connection with Crime No.67 of 2025 registered at PS- City Kotwali, Mungeli, District-Mungeli, CG, for the offence punishable under Sections 137(2), 64(2)(m), of the BNS, and Section 4 Digitally signed by V PADMAVATHI Date: 2025.10.15 17:24:36 +0530 Mcrc 7407 of 2025 2 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) . 4. Case of the prosecution in brief is that on 21.02.2025, father of the victim has lodged a missing report that his minor daughter is missing and her whereabouts could not be traced out. Police registered the offence under Section 137(2) of the BNS, 2023, and started investigation. During investigation, victim was recovered from the possession of applicant on 02.06.2025, and after recording her statement, offences of Sections 64(2)(m) of the BNS and 4 and 6 of the POCSO Act have been added. Applicant was arrested and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that victim was major at the time of incident, having love affair with the applicant, and she on her own will eloped with him. They had gone to Hyderabad for their livelihood, got married and resided as husband and wife for a considerable period. Thereafter, they shifted to Delhi, from where they came back to hometown. Victim has been recovered from the house of the applicant. After recovery, under pressure of her parents, she made statement against the applicant. There is no legally admissible evidence that the victim was minor on the date of incident. She has not complained and raised any objection while the applicant is kidnapping her to perform forceful marriage. Applicant is in jail since 02.06.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant. Mcrc 7407 of 2025 3 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, as well as material collected during the investigation, further, considering the statement of victim, as well as the material collected with respect to her age, and also overall circumstances of the case, that applicant is in jail since 02.06.2025, and final adjudication of this case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Deepak Khande, s/o Chintaram 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 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 by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma