1 2026:CGHC:513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10206 of 2025 1 - Vivek Kumar Agariya S/o Pardesi Ram Aged About 22 Years R/o Village Sumedha Nagin Bhata, Police Station Bakimogra, District Korba (C.G.) ... applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bakimogra, District Korba (C.G.) ... Respondent(s) For applicant (s) : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent(s) : Mr. Aman Tamboli, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 05.01.2026. 1. Pursuant to the order dated 11.12.2025, the victim along with her mother appeared through virtual mode from the DLSA Korba before this Court and raised objection in granting bail to the applicant. Their objection is taken on record. 2. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 23.05.2025 in connection with SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.01.06 10:46:10 +0530 2 Crime No. 101/2025 registered at P.S. Bakimogra, Dist- Korba (CG) for the offence under Sections 137 (2), 64(2)(M) of BNS and Section 06 of POCSO Act. 3. The case of the prosecution is that on 19/05/2025, the mother of the victim lodged a missing report that her minor daughter was missing since 18.05.2025 and her whereabout could not be traced out. The Police has registered the offence under Section 137 (2) of B.N.S. 2023 and started investigation. During the investigation, the victim recovered on 22.05.2025 from the possession of the applicant and after recording her statement, the other offences under Section 64(2)(M) of BNS 2023 and Section 6 of POCSO Act have been added, in which the applicant has been arrested on 23.05.2025 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 and she eloped with him on her own will and engaged in making consensual physical relation with him. There is no legally admissible document with respect to the age of the victim. The applicant is in jail since 23.05.2025, final adjudication will take its own time, therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 6. I have heard learned counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the evidence with respect to the age of the victim, I am inclined to release the applicant on bail. 3 8. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed. 9. It is directed that the applicant Vivek Kumar Agariya 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