1 2025:CGHC:20817 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2638 of 2025 1 - Bipin Yadav @ Bipin Gaud S/o Baliram Yadav Aged About 19 Years R/o Village Bhalukonari, Police Station Jharigaon, District Nabrangpur (Odisha) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Devbhog, District Gariyaband (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Mohammad Afroz Athar, Advocate. For Non-applicant(s) : Mr. Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 06/05/2025 1. Pursuant to the order dated 03.04.2025 the victim along with her mother appeared through virtual mode from DLSA, Gariyaband and raised objection in granting bail to the applicant, their submission is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 15.08.2024 in connection with Crime No. 199/2024 registered at Police Station Devbhog, District Gariyaband (C.G.) for the offence under Section 363, 366, 376(2)(n), 313 of IPC, Section 4 and 6 of the POCSO Act, and Section 3(2)(v) of the SC & ST (PoA) Act. 3. The case of the prosecution is that on 23.06.2024, the victim lodged a written complaint to the police that in the month of December, 2023 she had gone to Andhra Pradesh along with her parents to work in a brick kiln where she met 2 with the applicant and they exchanged their mobile number, he proposed her that he wanted to marry with her but she refused to accept his proposal. In the month of March 2024, she return back to her village. On 23.03.2024 he called her outside of the village and when she had gone to meet him, he took her by his motorcycle in the plantation area of the village where he made physical relation with her. Thereafter, he took her to Odisha and kept her with him for about 02 months and regularly made physical relation with her. When she conceived pregnancy, she informed it to her parents through mobile phone and then they called her back on 14.06.2024. They came back to village Tetalkhuti by bus and to village Bajadi by walking. The applicant gave her cold drink and tablet on 17.06.2024, thereafter, she started her mensuration, she was being taken to Devbhog hospital and thereafter the applicant fled away. When her parents had gone to the house of the applicant. He thrown them out from his house and refused to marry with her. The FIR has been registered against the applicant in which he has been arrested on 15.08.2024 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant, both of them had gone to Andhra Pradesh in a brick kiln where they fall into love affair and she herself on her own will made physical relation with the applicant. It is the natural course where she suffered miscarriage of her pregnancy. There is no legally admissible evidence in the charge-sheet with respect to her age. Looking to the age of the victim, her conduct and also that the applicant is in jail since 15.08.2024, 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 and have submitted that the victim was minor on the alleged date of incident of rape and she was subjected to sexual intercourse by the applicant by which she conceived pregnancy and it is only when some medicines administered by 3 the applicant she suffered miscarriage, the minor victim was sexually exploited by the applicant on the pretext of marriage and ultimately refused to marry with her, therefore, the applicant is not entitled for released on 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 the material collected during the investigation, further considering that the age of the victim, her conduct and also in view of her 183 B.N.S.S. 2023 statement that the applicant is in jail since 15.08.2024 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 8. Consequently, the bail application filed by the applicant Bipin Yadav @ Bipin Gaud 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 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.07 19:01:18 +0530