1 2025:CGHC:50758 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7139 of 2025 1 - Karamchand Cherwa S/o Shri Pucho Cherwa Aged About 21 Years R/o Village- Chougai, Police Chouki- Ranhat, P.S.- Chalgali, District- Balrampur- Ramanujganj (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S.- Chalgali, District- Balrampur- Ramanujganj, (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Akath Kumar Yadav, Advocate For Respondent(s)/State : Mr. Vivek Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 10/10/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 23 of 2025, registered at Police Station Chalgali, District Balrampur-Ramanujganj (C.G.) for the offence under Sections 137(2), 87, 351(2)/(3), 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.10 19:20:23 +0530 2 2. The case of the prosecution is that on 21.03.2025, a written report was lodged by the victim alleging in it that the applicant has developed physical relation with her since February, 2024 and repeatedly made physical relation with her. He regularly threatened that if she disclosed the incident to anyone, he will kill her. On 08.03.2025, he took her to his own village Chougai, and then she disclosed the incident to her parents and thereafter report has been lodged. The applicant has been arrested on 22.03.2025 and charge- sheet has been filed. 3. Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant and she on her own will engaged in making physical relation with the applicant. She has not raised any objection during all that period. The victim was introduced with the applicant since the year 2021 and their love affair was continued since then. It is only when their relation came into knowledge of her parents, she lodged the report under the influence of her parents. The investigation has been completed, charge-sheet has been filed, the applicant is in jail since 22.03.2025, final adjudication of the case will take its own time, therefore, the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes. 5. I have heard learned counsel for the parties and perused the material available in the case. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegations and the material 3 collected during the investigation, further considering the fact that the victim herself eloped with the applicant on her own will and made physical relation with him since long without raising any objection, I am inclined to release the applicant on bail. 7. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 8. 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 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 ved