1 2025:CGHC:51509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7469 of 2025 1 - Hemant Sandilya S/o Shri Kapil Sandilya Aged About 22 Years R/o Charpara Chowki Bario Thana- Rajpur, Distt. - Balrampur, C.G. ... Applicant versus 1 - State of Chhattisgarh Through, Police Station Ambikapur, Distt.- Sarguja, C.G. ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For State/Non-applicant : Mr. Karan Kumar Baharani, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 15-10-2025 1. Pursuant to the order dated 17-09-2025 the victim appeared through virtual mode from DLSA Sarguja and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 2. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS, 2023’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested in connection with Crime No.868/2024 registered at P.S. - Ambikapur, Distt.- Sarguja, Chhattisgarh for the offence under Section 137(2), 87, 64(2) of Bhartiya Nyaya Sanhita (in short ‘BNS’) and Section 4 and 6 of Protection of Children from Sexual Offences Act, 20212 (in short ‘POCSO Act’). 3. The case of prosecution is that, on 05-12-2024 the mother of the victim lodged a missing report that her minor daughter is missing since 03-12-2025 and her whereabouts could not be traced out. The police registered the offence under Section 137(2) of BNS and started investigation. During the investigation, the victim came to Digitally signed by MOHAMMED AADIL KHAN Date: 2025.10.16 14:08:11 +0530 2 Sakhi Center and thereafter came back to her house from where she was produced before police and after recording her statement other offences under Section 87, 64(2) of BNS and Section 4 and 6 of POCSO Act have been added. The applicant has been arrested on 23-01-2025 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 on her own will eloped with him without raising any objection, even she engaged in making consensual physical relation with the applicant and has not made any complaint to anyone. It is only when her brother had seen them in the market the report has been lodged and under the pressure of her parents she made statement against the applicant. The applicant is in jail since 23-01-2025 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 nature of allegation and material collected during the investigation, 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/- 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 3 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