1 2025:CGHC:58231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8589 of 2025 • Himanshu Yadav S/o Santosh Yadav Aged About 21 Years R/o Rawanguda, Police Station Arjuni, District Dhamtari, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station -Arjuni, District Dhamtari, Chhattisgarh. --- Respondent For Applicant : Mr. Anil Gulati, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 01/12/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.03/2025, registered at PS -Arjuni, District -Dhamtari, Chhattisgarh, for commission of offence punishable under Sections 137(2), 87, 64(2) (m) of the BNS and Section 4 & 6 of the POCSO Act. 2. Case of prosecution, in brief, is that father of prosecutrix/victim lodged missing report to the concerned Police Station mentioning therein that her minor daughter went out from the house without 2 intimating anything to her family members and did not return back. Based upon report, FIR was registered initially under Section 137(2) of BNS against unknown persons. During course of investigation, prosecutrix was recovered on 03.08.2025 from the possession of the applicant. Her statement was recorded and, based upon which, other offences were added in this case and applicant has been arrested on 04.08.2025. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. On the date of alleged incident, victim was major, there was love affair between the applicant and victim, victim herself went with the applicant to the Hyderabad by train and they also performed marriage at Shiv Temple, victim is also carrying pregnancy of three months. Victim was examined before the trial Court as PW-1, she turned hostile and not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 04.08.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed the aforesaid offence/crime with minor victim (aged about 16 years). Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim and her mother were 3 appeared before this Court on 20.11.2025 by virtual mode from the concerned DLSA and they raised no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that there was love affair between the applicant and victim, victim has turned hostile and she not supported the case of prosecution, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) 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. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-