Bharat Lal Tandon vs State of Chhattisgarh

Ravindra Kumar Agrawal, J

Pursuant to the order dated 19.09.2025, the father of victim appeared in person before the court and raised objection in granting bail to the applicant. The submission is recorded.

This is first bail application seeking grant of bail to the Applicant who is in jail since 24.01.2025 in connection with Crime No.04/2025 registered at Police Station Moudahapara, District Raipur, for the offence punishable under Sections 137(2), 87, 64, 64(2)(m), 65(1), 69, 142 of BNS and Section 4,5(l)/6 of POCSO Act.

As per prosecution case, on 07.01.2025 a missing report was lodged by the father of victim that his minor daughter is missing since 06.01.2025 and her whereabouts could not be traced out. The police registered an offence under Section 137(2) of BNS and started investigation. During investigation, the police came to know about the victim and made a telephonic call to the brother of applicant and thereafter they took the victim to her house and the police recorded her statement. After recording her statement, the other offences were added. The applicant was arrested and charge sheet was filed.

Learned Counsel for the applicant would submit that there is no cogent evidence with respect to age of victim. She was in love affair with the applicant and herself eloped with the applicant, visited various places and have not raised any objection. Even she did not make any complaint to anyone all the way. She stayed at Kawardha, Bijai, Podi, Pandariya and also at Bilaspur along with applicant. She used to go for work along with applicant, but have not made complaint to anyone that she was being sexually exploited by the applicant. She made allegation against the applicant only under the pressure of her parents. Therefore, the applicant may be released on bail as final adjudication may take sometime.

On the other hand the counsel for the State opposes the bail application.

Without commenting on merits, considering the totality of the facts and circumstances of the case, the age and conduct of the victim, the nature of allegation and material collected during investigation and also considering 183 BNSS statement of victim, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial Court, unless exempted from personal appearance by the said Court.

It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove.