1 2025:CGHC:61892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8841 of 2025 1 - Dushyant Kumar Sahu S/o Rajkumar Sahu, Aged About 21 Years, R/o Ward No. 07, Kashiband Talab, P.S. and District Balod C.G. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Balod, District Balod C.G. ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Prateek Singh Thakur, Advocate and Ms. Priyamvada Singh, Advocate through virtual mode. For State/Non-applicant : Mr. Ajay Kumarani, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 19-12-2025 1. Pursuant to the order dated 26-11-2025 the victim and her mother appeared through virtual mode from DLSA Balod and submitted that she has no objection in granting bail to the applicant. Their submission is taken on record. 2. This is second bail application of the applicant filed Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS, 2023’). The first bail application of the applicant has been dismissed as withdrawn with liberty to avail alternative remedy available under the law, vide order dated 15-10-2025 passed in MCRC No.8281 of 2025. The second bail application of the applicant has been admitted on 26-11-2025 holding that against the applicant the offences under Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘the SC/ST Act’) have been registered and in view of the order dated 06-01-2021 passed by coordinate Digitally signed by MOHAMMED AADIL KHAN Date: 2025.12.19 16:57:48 +0530 2 Bench of this Court in MCRC No.3053 of 2020, the bail application under the head of MCRC is maintainable. 3. The applicant who has been arrested on 04-06-2025 in Crime No.229/2025 registered at P.S. - Balod, Distt.- Balod, Chhattisgarh for the offence under Section 64(2)(m) and 65 (1) of Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 4 and 6 of POCSO Act and Section 3(2)(v) of the SC/ST Act, is claiming regular bail in the case. 4. The case of prosecution is that, on 04-06-2025 the father of the victim lodged a report that the applicant has sexually exploited her minor daughter since 24-11- 2024 till the date of lodging of the report by which her minor daughter conceived pregnancy. The FIR has been registered on 04-06-2025 in which the applicant has been arrested and after investigation charge sheet has been filed. 5. Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant and both of them were engaged in making consensual physical relation. The victim has not raised any objection during the period of their relationship and it is only her father has raised objection. The victim has attained the age of majority, however, the prosecution has relied upon school records which is not the admissible piece of evidence. There is no other evidence with respect to age of the victim that she is minor. She would also submit that looking to the conduct of the victim that both of them were in relationship from 24-11-2024 without having any objection, the investigation has been completed and charge sheet has been filed and the applicant is in jail since 04-06-2025 and final adjudication of the case will take its own time, the applicant may be released on bail. 6. On the other hand, learned counsel for the State/non-applicant opposes and submitted that looking to the allegation against the present 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. 3 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 183 BNSS, 2023 statement of the victim as well as the other statements, I am inclined to release the applicant on bail. 9. Consequently, the present application filed by the applicant under Section 483 of BNSS, 2023 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 the 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/her from disclosing such facts to the Court ; (ii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil