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Judgment
The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 219/2026, registered at Police Station Basna, District – Mahasamund (C.G.) for offence punishable under Sections 137(2), 87 and 64(2) of BNS and Section 6 of POCSO Act.
As per the case of the prosecution, a missing complaint was lodged by the father of the minor victim on 01/05/2026 and subsequently, the victim was recovered on 02/05/2026, her statement was recorded wherein she has stated that she went with the applicant in his motorcycle upon promise of marriage made by the applicant and they stayed as husband and wife at Uttam City Raipur. On the basis of such allegations, the police arrested the present applicant.
Mr. Kishore Narayan, learned counsel for the applicant, would argue that on the date of the incident, the age of the victim was 17 years and 3 months and there was a love affair between the applicant and the victim and both of them stayed at Raipur from 24/04/2026 till 01/05/2026 and established physical relations. He would further contend that victim has given her consent for grant of bail to the applicant. He would further submit that the investigation has been completed and charge-sheet has already been filed and the applicant is in jail since 03/05/2026, thus, the appellant be released on bail as conclusion of trial is likely to take some time.
On the other hand, Ms. Laxmeen Kashyap, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that at the time of the incident, the victim was aged about 17 years and 3 months and therefore, the contention of consent of the victim would be irrelevant as she was a minor. She would lastly submit that serious allegations have been levelled against the applicant with regard to sexual assault of the minor victim, therefore, he is not liable to be released on bail.
The victim along with her father appeared before this Court through video conferencing from the concerned District Legal Services Authority (DLSA) and gives her consent for grant of bail to the applicant.
I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record.
Taking into consideration the facts and circumstances of the case, particularly that the investigation is complete and charge-sheet has already been submitted; the applicant is in custody since 03/05/2026; the victim has given her consent for grant of bail to the applicant, this Court, without expressing any opinion on the merits of the case, is of the considered view that a fit case for grant of regular bail is made out. Accordingly, the bail application filed by the applicant is allowed.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-
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,
he shall not act in any manner which will be prejudicial to fair and expeditious trial, and
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
The observation made herein-above is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.