1 2025:CGHC:16609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1302 of 2025 1 - Rahul Chouhan S/o Shyam Lal Chouhan Aged About 20 Years R/o Village- Bhagwanpur, Bharatpur, Post-Gorakha, P.S - Kotraroad, District Raigarh Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer P.S. - City Kotwali, District- Raigarh (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Nitesh Sahu, Advocate. For Non-applicant(s) : Ms. Vivek Sharma, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08/04/2025 1. Pursuant to the order dated 18.03.2025, the mother of the victim appeared through virtual mode from DLSA, Raigarh and submitted that she has no objection in granting bail to the applicant, her submission is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 01.12.2024 in connection with Crime No. 243/2023 registered at Police Station City Kotwarli, District Raigarh (C.G.) for the offence under Section 363, 366, 376(2)(n) of IPC and Section 4 & 6 of POCSO Act. 2 3. The case of the prosecution is that on 18.03.2025, the mother of the victim lodged a report to the police that her minor daughter is missing from 17.03.2023 the police has registered the offence under Section 363 of IPC and started investigation. During the investigation the victim was recovered on 30.11.2024 from the possession of the appellant and after recording her statement other offences of Section 366, 376(2)(n) of IPC and Section 6 of POCSO Act, have been added. The applicant has been arrested on 30.11.2024 / 01.12.2024 and chare-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no legally admissible evidence with respect to the age of the victim that she was minor on the date of incident. The victim was major and having love affair with the applicant, she herself eloped with him and both of them have performed marriage and resided at Kharsia. From their wedlock the victim conceived pregnancy and since the mother of the victim has already lodged missing report, the police has recovered them. The applicant is in jail since 01.12.2024, the 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. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering that the age of victim and the fact that she was resided with the applicant from 17.03.2023 to 30.11.2024, the applicant is in jail since 01.12.2024 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Rahul Chouhan 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 following conditions:- 3 (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, and (iii) He shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.09 19:43:01 +0530