2025:CGHC:50869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7363 of 2025 Nageshwar Prasad Mangeshkar S/o Katlam Mangeshkar Aged About 19 Years R/o Chachedi Sub- Station Dhindori, Police Station Chilphi, District Mungeli (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through Police Station Chilphi, Dist. 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 13.10.2025 1. Pursuant to order dated 15.09.2025, victim along with her father 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 08.04.2025 in connection with Crime No.33 of 2025 registered at PS- Chilphi, District-Mungeli, CG, for the offence punishable Digitally signed by V PADMAVATHI Date: 2025.10.14 10:21:25 +0530 Mcrc 7363 of 2025 2 under Sections 137(2), 64(2)(m), 87, 351(2) of the BNS and Section 4 and 6 of the POCSO Act, 2012. 4. Case of the prosecution in brief is that on 24.03.2025, father of the victim has lodged a missing report that his minor daughter is missing and her whereabouts could not be traced out. Police has registered the offence under Section 137(2) of the BNS, 2023, and started investigation. During investigation, victim recovered from the possession of applicant from Hyderabad on 07.04.2025, and after recording her statement, offences of Sections 87, 64(2)(m) and 351 of the BNS and 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 have been recorded. 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, and resided there for a considerable period. She has not raised any alarm when she was allegedly kidnapped by the applicant, and she has not complained to anyone while residing with the applicant at Hyderabad. There is no sufficient and admissible evidence with respect to her age, applicant is in jail since 08.04.2025, 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. 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, as well as material Mcrc 7363 of 2025 3 collected during the investigation, further, considering the fact that victim was recovered from Hyderabad, and there is no allegation or objection against the applicant during her stay at Hyderabad and not raised any alarm while she was going with the applicant, further that applicant is in jail since 08.04.2025, and final adjudication of this case would take some more 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- Nageshwar Prasad Mangeshkar, s/o katlam Mangeshkar 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