2026:CGHC:511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10239 of 2025 Rohit Chauhan S/o Late Arun Chauhan Aged About 19 Years R/o Village Navapara (Nandeli) Police Station Kotra Road, Tahsil And District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kharsiya, District- Raigarh (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Mayank Mulchandani, Advocate For Respondent/State : Shri Anish Tiwari, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 05.01.2026 1. Pursuant to order dated 11.12.2025 victim along with her mother appeared through virtual mode from the concerned DLSA, and submitted that she has no objection in granting bail to the applicant. Her submission has been taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. Applicant was arrested on 03.09.2025 in connection with Crime No.479 of 2025 registered at PS- Kharsiya, District- Raigarh, CG, for the offence Digitally signed by V PADMAVATHI Date: 2026.01.07 10:41:50 +0530 Mcrc 10239 of 2025 2 punishable under Sections 137(2), 87, 65(1) of the BNS and Section 4 and 6 of the Protection of Children from Sexual Offence Act, 2012 (POCSO Act). 4. Case of the prosecution in brief is that on 26.08.2025, mother of the victim has lodged a missing report that her minor daughter is missing since 25.08.2025, and her whereabouts could not be traced out. Police has registered the offence under Section 137(2) of the BNS, 2023, and started investigation. During investigation, victim recovered from the possession of applicant, and after recording her statement, other offences of Sections 87, and 65(1) of the BNS and Sections 4 and 6 of the POCSO Act, 2012 have been recorded. Applicant was arrested on 03.09.2025, and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that victim is a major girl, having love affair with the applicant, and she on her own will eloped with him, without raising any complaint or objection. She engaged in making consensual sexual relation with the applicant, and it is only under pressure of her parents, she made allegations against the applicant in which the offence has been registered. Applicant is in jail since 03.09.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant. 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, as well as material collected during the investigation, also considering the statement of the victim recorded under Section 183 of the BNSS, and further that applicant is in jail Mcrc 10239 of 2025 3 since 03.09.2025, and final adjudication of this case would take some more time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Rohit Chauhan, s/o Late Arun Chauhan is allowed, and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant 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 facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma