1 2025:CGHC:20253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2586 of 2025 1 - Nagendra Yadav @ Sonu S/o Gulab Yadav Aged About 23 Years R/o Jamdara, Police Chouki Kunni, P.S. Lakhanpur Distt.- Surguja (C.G.) ... applicant versus 1 - State Of Chhattisgarh Through- Police Station Lakhanpur District Surguja (C.G.) ... Respondent(s) For applicant : Ms. Priyanka Rai, Advocate For Respondent(s) : Ms. Prabha Sharma, P.L. S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 02.05.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 09.12.2024 in connection with Crime No. 292/2024 registered at P.S. Lakhanpur, Ambikapur, District- Surguja (CG) for the offence under Sections 137(2), 96, 64(2)(ड), 351 (3) of B.N.S. and Section 4 & 6 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act). SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.06 10:24:13 +0530 2 2. Pursuant to the order dated 02/04/2025, the victim has appeared through virtual mode from DLSA – Surguja and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 3. The case of the prosecution is that on 27.11.2024, the father of the victim lodged a missing report that his minor daughter is missing since 22.11.2024 and her whereabouts could not be traced out. The Police has registered the offence under Section 137 (2) of B.N.S. 2023 and started investigation. During the investigation, the victim had appeared before the Police Station on 04/12/2024 and after her statement, the other offences of Section 96, 64 (2) (m), 351 (3) of B.N.S. and Section 4 & 6 of POCSO Act have been added. The applicant has been arrested on 14.02.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no sufficient evidence with respect to the age of the victim that she was minor. In her initial statement recorded on 04.12.2024, she has not disclosed anything about the applicant whereas on 13.12.2024 another statement of the victim has been recorded in which she alleged that she was kidnapped and subjected to rape by the applicant. The applicant is in jail since 14.02.2025, final adjudication of the case will take its own time and looking to the contradictory statement made by the victim, the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes and has submitted that from the statement of the victim recorded under Section 181 and 183 of B.N.S.S. 2023, it is alleged that she was being kidnapped by the applicant and threatened by him, even the other witnesses with whom she appeared before the Police Station is the relative of the applicant. From the evidence available in the case diary, the victim is minor and aged about 16 years and 3 02 months, therefore, looking to the allegation made against the applicant, he is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, particularly considering the statement of the under Section 181 & 183 of B.N.S.S. 2023 of the victim as well as the evidence available with respect to her age, I am not inclined to release the applicant on bail at this stage. 8. In view of the above, the application filed by the applicant under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika