1 2026:CGHC:772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10213 of 2025 1 - Premsagar Pusam @ Prem Pusam S/o Shri Roopnath Pusam, Aged About 23 Years, R/o Village- Nagara Majhwapara, P.S. Ramanujganj, District- Balrampur,ramanujganj (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through- P.S. Incharge O.P. Ganeshmod, P.S. Balrampur, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Bhupendra Singh, Advocate. For State/Non-applicant : Mr. Anish Tiwari, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 06-01-2026 1. Pursuant to the order dated 11-12-2025 the victim appeared through virtual mode from DLSA Balrampur and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 2. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 04-03-2025 in connection with Crime No.18/2025 registered at O.P. - Ganeshmod, P.S. Balrampur, District Balrampur-Ramanujganj (C.G.) for the offence under Section 137(2), 87, 64(2) (M) of Bhartiya Nyaya Sanhita (in short ‘B.N.S.’) and Section 5 (j)(ii), 5(l), 6 of Protection of Children from Sexual Offences Act, 20212 (in short ‘POCSO Act’) (as mentioned in the present bail application). Digitally signed by MOHAMMED AADIL KHAN Date: 2026.01.07 10:55:26 +0530 2 3. The case of prosecution is that, on 13-02-2025 the father of the victim lodged a missing report that his minor daughter is missing since 25-01-2025 and her whereabouts could not be traced out. The police registered the offence under Section 137(2) of B.N.S. and started investigation. During the investigation, the victim was recovered on 03-03-2025 from the possession of the applicant and after recording her statement other offences under Section 87, 64(2)(M) of B.N.S. and Section 4 and 6 of POCSO Act have been added. The applicant has been arrested on 04-03-2025 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, she herself on her own will eloped with the applicant and both of them have made consensual physical relation without raising any objection or any complaint to anyone. It is only upon the pressure of parents of the victim she made statement against the applicant. The applicant is in jail since 04- 03-2025 and final adjudication of the case will take its own time. During the trial the victim has been examined as PW-1 and she has completely turned hostile and not supported the prosecution’s case. Therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel for the State/non-applicant opposes the bail application. 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 fact that the victim has completely turned hostile and not supported the prosecution’s case, the evidence available in the charge sheet with respect to her age, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of BNSS 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 3 one surety in the like sum to the satisfaction of the concerned trial Court, on the 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/her from disclosing such facts 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 him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil