2025:CGHC:50868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7403 of 2025 Dineshwar Urf Dileshwar Barle S/o Budharu Barle, Aged About 27 Years R/o Village Chatapara, (Chorhadih, P.S. Arang, Dist. Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Suhela, Dist. Balodabazar Bhatapara (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Raza Ali, Advocate For Respondent/State : Shri Pranjal Shukla, 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 DLSA Balodabazar, 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. Digitally signed by V PADMAVATHI Date: 2025.10.14 10:21:24 +0530 Mcrc 7403 of 2025 2 3. Applicant was arrested on 24.06.2025 in connection with Crime No.85 of 2025 registered at PS- Suhela, Balodabazar-Bhatapara CG, for the offence punishable under Sections 137(2), 87, 64, 64(2)(m), 351(3) of the BNS and Section 4 and 6 of the POCSO Act, 2012. 4. Case of the prosecution in brief is that on 13.04.2025, father of the victim has lodged a missing report that his minor daughter is missing since 12.04.2025, and her whereabouts could not be traced out. Police has registered the offence under Section 363 of the IPC and started investigation. Victim by herself, came to her house on 30.04.2025, and thereafter, her statement was recorded on 20.05.2025, wherein, she alleged that she was subjected to sexual exploitation by the present applicant. Based on the statement, applicant was arrested and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that though missing report has been lodged by father of the victim, victim disclosed that after getting scolded by her father, while he was under influence of liquor, she left her house and went to her elder mother’s house alone. Similar was the statement, she made at the Bal Bharti Welfare Committee, District- Balodabazar, as well as in her 164 CrPC statement. She has not made any allegation against the applicant, and it is only stated that when her father scolded her, she left her house and went to her elder mother’s house alone, and returned after 15 days. It is only in her supplementary statement recorded on 20.05.2025, she alleged that she was subjected to sexual exploitation by the present applicant. Applicant is in jail since 24.06.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. Mcrc 7403 of 2025 3 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant, and would submit that victim is a minor girl, and in her supplementary statement, recorded on 20.05.2025, there is allegation of sexual exploitation by the present applicant, hence, he is not entitled for bail. 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, particularly considering that in the statement recorded before the Bal Bharti Welfare Committee, District- Balodabazar, as well as in her 164 CrPC statement before the JMFC Balodabazar, there is no allegation against the applicant, and it is only in her supplementary statement, she made allegation against the applicant, further that applicant is in jail since 24.06.2025, 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- Dineshwar @ Dileshwar Bale 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. Mcrc 7403 of 2025 4 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