1 2025:CGHC:7325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1163 of 2025 Moh. Irfan Hasmi S/o Mustak Ahmad Aged About 20 Years R/o Saryakhwaj, District Jonpur, Uttar Pradesh ... Applicant versus State of Chhattisgarh Through SHO, Police Station Chhawani, District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 582/2024 registered at Police Station Chhawani, District Durg (C.G.) under Sections 137(2) and 87 of Bhartiya Nyaya Sanhita, 2023. 2. Mr. Prasoon Agrawal, learned counsel submits that he has filed his power today itself on behalf of the applicant, and he seeks permission to argue the present matter on behalf of the applicant. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.10 19:38:35 +0530 2 3. In view of the above, Mr. Agrawal is allowed to argue the matter on behalf of the applicant. 4. According to the prosecution's story, complainant Ramesh Sonkar lodged a complaint alleging that on 24.12.2024, at around 5:30 PM, his minor daughter, a Class 8 student, left home without informing her family. Suspecting abduction, her father filed a report. During the investigation, accused Irfan Hasmi was found with the victim at Nagpur Railway Station on 26.12.2024. It's alleged that Hasmi lured the victim with a promise of marriage, coerced her into leaving home, and took her from Power House Railway Station to Durg by auto, then to Rajnandgaon by bus, intending to take her to Jaunpur, Uttar Pradesh, by train before being apprehended by police. Based on the victim's statement, Section 87 of the Bharatiya Nyaya Sanhita (BNS) was added. 5. The learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He argues that the applicant did not coerce the victim, and instead, she willingly accompanied him. Furthermore, he points out that both the applicant and the victim are teenagers, and in her statement recorded under Section 164 of the Cr.P.C., the victim stated that they both wish to marry. He also submits that applicant is in jail since 28.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 6. On the other hand, the learned State Counsel opposes the bail application of the present applicant, submitting that the applicant, under the pretext of marriage, abducted the minor victim, aged 3 approximately 14 years. The applicant and victim were subsequently arrested by the Railway Protection Force (RPF) at Nagpur station, looking to the seriousness of the offence, the applicant is not entitled for grant of regular bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it transpires that the applicant, on the pretext of marriage, abducted the minor victim, aged approximately 14 years. The applicant and victim were subsequently arrested by the RPF at Nagpur station. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 9. Accordingly, the first bail application of the applicant – Moh. Irfan Hasmi, involved in Crime No. 582/2024 registered at Police Station Chhawani, District Durg (C.G.) under Sections 137(2) and 87 of Bhartiya Nyaya Sanhita, 2023, is rejected. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek