1 2025:CGHC:20248 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2564 of 2025 Yogesh Kumar S/o Heera Singh Aged About 19 Years R/o Markatoal, Police Station And Tehsil Doundi, District Balod Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Doundi, District Balod Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondent/State : Mr. Pranjal Shukla, 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, Balod and raised objection in granting bail to the applicant. Their objection 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 VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.06 10:39:57 +0530 2 'BNSS') for grant of regular bail. The applicant has been arrested in connection with Crime No. 02 of 2025, registered at Police Station Doundi, District Balod (C.G.) for the offence under Sections 137(2), 87, 74 of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS') (corresponding Sections 363, 366, 354 of IPC) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act'). 3. The case of prosecution in brief is that, on 08.01.2025, the mother of the victim lodged a missing report that her minor daughter is missing since 07.01.2025. The police has registered the FIR for the offence under Section 137(2) of the BNS. On 09.01.2025, the victim came back to her house and after recording her statement, the other offence of Sections 87 and 74 of BNS were added. The applicant has been arrested on 11.01.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that, there is no allegation against the applicant that he outraged the modesty of the victim and the report has been lodged by the mother of the victim only on the apprehension that he committed the offence. The victim has been examined before the learned trial Court as PW-1 and has completely hostile and even she could not identify the applicant before the learned trial Court. The applicant is in jail since 11.01.2025, 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 183 BNSS statement of the victim and also the fact that the victim has been examined before the learned trial Court and has completely hostile, 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