Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:56640
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8810 of 2025 Radheshyam Patel S/o Santosh Patel Aged About 25 Years R/o Village Ghanaghat, Police Station - Chilphi, District - Mungeli (C.G.)
... Applicant(s) versus State of Chhattisgarh Through - Station House Officer, Police Station - Sarkanda, District - Bilaspur (C.G.).
... Non-applicant(s) For Applicant(s) : Ms. Anushree Mishra, Advocate. For Non-applicant(s) : Mr. Vivek Sharma, Panel Lawyer. Hon’ble
Shri
Justice
Ravindra
Kumar
Agrawal,
J.
Order on Board 20/11/2025
1. Pursuant to the order dated 10.11.2025, the victim along with her father appeared in person before this Court and submitted no objection in granting bail to the applicant, their submission is taken on record.
2. This is first bail application before this Court filed by applicant for grant of regular bail, who has been arrested on 02.07.2025 in connection with Crime No.886/2025 registered at Police Station - Sarkanda, District - Bilaspur (C.G.), for the offence under Sections 363, 366, 376(3) of IPC and Sections 4 & 6 of the POCSO Act.
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3. The case of the prosecution is that on 26.06.2025, father of victim lodged report against the applicant that he sexually exploited his minor daughter since 16.04.2022 on the pretext of marriage and ultimately refused to marry with her. Based upon report, FIR was registered, applicant has been arrested on 02.07.20205 and charge-sheet has been filed.
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Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant since the year 2022; both of them were started residing together at Vyapar Vihar Bilaspur in the year 2024 and at that time no report has been lodged by family members of the victim; they used to visited places to earn their livelihood, however, victim has not raised any alarm/objection against any act of the applicant. There is no legally admissible documents with respect to age of victim available in the charge-sheet. It is alleged that when the victim has attained the age of majority in the month of May 2025 to marry with the applicant, he refused to marry her and then FIR has been lodged. Learned Counsel further submits that applicant is still ready to marry with the victim. Investigation is completed, charge-sheet has been filed and the applicant is in jail since 02.07.2025, 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 the bail application of the applicant. 6. I have heard learned counsel for the parties and perused the case
3 diary. 7. Considering facts of the case, submissions made by learned counsel for the parties, nature of allegation and the material collected during the investigation, further considering the statement of the victim recorded under Section 183 of BNSS, 2023 and further that the applicant is still ready to marry with the victim, applicant is in jail since 02.07.2025 and final adjudication of the case will take its own time, without commenting on merits of the case, I am inclined to release the applicant on bail. 8. Consequently, bail application filed by applicant- Radheshyam Patel 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 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 his personal presence is exempted by the trial Court. Court. Sd/- (Ravindra Kumar Agrawal) Judge J.