1 2025:CGHC:20249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2565 of 2025 Yuvraj Patel S/o Chintaram Patel Aged About 20 Years R/o Village Hetarkasa, Thana Korar, District Uttar Baster Kanker, Chhattisgarh. ... Applicant versus The State Of Chhattisgarh Through Police Station Durgukondal, District Uttar Baster Kanker, Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Applicant : Ms. Bhavika Kotecha, Advocate For Respondent/State : Mrs. Priya Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02/05/2025 1. Pursuant to the order dated 02.04.2025, the victim along with her mother appeared through virtual mode from DLSA, Kanker and submitted that they have no objection in granting bail to the applicant. Their submission is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’) for grant of regular bail. The applicant has been arrested in VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.06 10:41:12 +0530 2 connection with Crime No. 42 of 2024, registered at Police Station Durgukondal, District U.B. Kanker (C.G.) for the offence under Sections 137(2), 64, 65(2), 69 of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Section 3(2) (va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘SC/ST Act’). 3. The case of prosecution in brief is that, on 21.07.2024 the father of the victim lodged a missing report that his minor daughter is missing since 02.07.2024 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of the BNS and started investigation. During the investigation, the victim herself returned back to her house on 23.07.2024 and after recording her statement, the other offences of Sections 64, 65(2) and 69 of BNS and Section 6 of POCSO Act and Section 3(2)(va) SC/ST Act have been added. The applicant has been arrested on 23.07.2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that there is no legally admissible evidence with respect to the age of the victim. The applicant has falsely been implicated in the offence. The victim has been examined before the learned trial Court as PW-1 and has completely turned hostile and even she has not identified the applicant and has not stated anything against him. The applicant is in jail since 23.07.2024 and final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 3 6. I have heard learned counsel for the parties and perused the documents annexed with the application. 7. Considering the submissions made by learned counsel for the parties, considering the nature of the allegations and the material collected during the investigation, further considering the material collected during the investigation with respect to the age of the victim and also that she has been examined before the learned trial Court as PW-1 and completely turned hostile and even she has not identified the applicant, without commenting anything on merits, I am inclined to release the applicant on bail. 8. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 9. 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