1 2025:CGHC:52020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7551 of 2025 1 - Ajay Sahu S/o Ashok Kumar Sahu Aged About 19 Years R/o Village Loharsi, Police Station Pachpedi, District : Bilaspur, Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Thana Pachpedi, District : Bilaspur, Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Avinash K. Mishra, Advocate. For Non-applicant(s) : Ms. Laxmeen Kashyap, Panel Lawyer. For Objector : Mr. Syed Afaque Hussain Rizvi, and Ms. Ges Tandan, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17/10//2025 1. Pursuant to the order dated 19.09.2025, the brother of the victim appeared in person before this Court and raised objection in granting bail to the applicant. The victim is also duly represented by her counsel Mr. Syed Afaque Hussain Rizvi. 2. The objection of the objector is being taken on record. 3. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 11.07.2025 in connection with Crime No. 168/2025 registered at Police Station Pachpedi, District ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.10.17 19:14:07 +0530 2 Bilaspur C.G.) for the offence under Sections 137(2), 87, 64(2)(m) of BNS & Section 5,6 of POCSO Act. 4. The case of the prosecution is that on 11.07.2025, the victim lodged a complaint to the police on 31.05.2025 when she had gone to shop to purchase some grocery items, the applicant took her to Kolhapur (Gujarat) after giving allurement that he will marry with her. He used to made physical relation with her forcefully and subsequently he used to torture her for demand of money from her mothe, he also started beating her. In the month of July, 2025 they came back to Raipur where they resided in a rented house and engaged in mason work. When the applicant harassment was unbearable somehow she came back to her sisters’ house and then lodged the report. The applicant has been arrested on 11.07.2025 and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that the victim being major girl having love affair with the applicant and she herself on her own will eloped with applicant and both of them had gone to Kolhapur (Gujarat) where they are resided and they were engaged in making consensual physical relation with the applicant. He has not made any complaint on the way. Even when she return back to Raipur and started residing in a rented house. She has not made any complaint and she has not tried to flee from the clutches of the applicant and on the way she engaged in making consensual physical relation. The age of the victim is 17 years and 11 months as per the FIR and she is at the verge of her majority. There is no legally admissible evidence with respect to her and she in fact is a major girl. The applicant is in jail since 11.07.2025, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 6. On the other hand, learned counsel for the State as well as Objector vehemently opposes the submissions made by learned counsel for the applicant and would submit when the harassment of the applicant was 3 unbearable to the victim, she somehow left the applicant and came to the house of her sister where she disclosed the entire incident and report has been lodged. The victim has not attained the age of majority and she was minor, she was kidnapped by the applicant and restrained her at Kolhapur (Gujarat) where she forced her to work as a labourer, therefore, looking to the entire conduct of the applicant he is not entitled for bail. 7. I have heard learned counsel for the parties and perused the material annexed with the bail application as well as case diary. 8. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim as well as her 183 B.N.S.S. statement, the applicant is in jail since 11.07.2025 and final adjudication of the case will take its own time, without commenting anythig on merits, I am inclined to release the applicant on bail. 9. Consequently, the bail application filed by the applicant Ajay Sahu for grant of regular bail is hereby allowed. 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) 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 fact to the Court. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok