1 2025:CGHC:16059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1445 of 2025 1 - Shailendra Yadav S/o Virendra Singh Aged About 31 Years R/o Nagla Ball Jaimai Police Station Sirsaganj District - Firozabab (U.P.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Police Station Mainpur District - Gariyaband (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Shivendu Pandya, Advocate For Respondent(s) : Ms. Binu Sharma, Panel Lawyer S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 04.04.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 23.06.2024 in connection with Crime No. 30/2024 registered at P.S. Mainpur, District- Gariyaband (CG) for the offence under Sections 363, 366, 376 (2)(n) of IPC and Section 4 & 6 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act). 2 2. Pursuant to the order dated 25.03.2025, the victim along with her father appeared through virtual mode from DLSA Gariyaband and submitted that they have no objection in granting bail to the applicant. Their submission is taken on record. 3. The case of the prosecution is that on 22.02.2024, the father of the victim lodged a missing report that his minor daughter is missing and her whereabout could not be traced out . The FIR has been registered for the offence under Section 363 of IPC and during investigation, the victim was recovered on 22.06.2024 from the railway station, Raipur while they were returned from the Uttar Pradesh. After recording statement of the victim, the offence of Section 366, 376 (2)(n) of IPC and Section 4 & 6 of POCSO Act have been added and the applicant has been arrested on 23.06.2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl, having love affair with the applicant. Both of them have gone to Uttar Pradesh where they were resided together without raising any objection and engaged in making physical relation with each other. It is only when her father lodged a missing report, in pursuant thereof the applicant has been arrested. The applicant is in jail since 23.06.2024 and final adjudication of the case will take its own time, therefore the appellant may be released 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 the age of the victim and her conduct, 3 without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant nder Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby allowed. 8. It is directed that the applicant Shailendra Yadav 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:- (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. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.04.05 12:07:46 +0530