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Judgment
Ravindra Kumar Agrawal, J
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 29.08.2025 in connection with Crime No. 265/2025 registered at P.S. Jutmil, Dist- Raigarh (CG) for the offence under Sections 137 (2), 87, 65 (1) of BNS and Section 06 of POCSO Act.
The case of the prosecution is that on 01.08.2025, the mother of the victim lodged a missing report that her minor daughter was missing and her whereabout could not be traced out. The Police has registered the offence under Section 137 (2) of BNS and starting investigation. During the investigation the victim was recovered on 19.08.2025 from Begurai, Bihar from the possession of the applicant and after recording her statement, other Section 87 and 65 (1) of BNS and Section 6 of POCSO Act have been added. The applicant has been arrested on 20.08.2025 and charge-sheet has been filed.
Learned counsel for the applicant would submit that the victim is a major girl, having love affair with the applicant and she has on her own will eloped with the applicant. They visited Tamilnadu and thereafter visited Begusarai, Bihar to earn their livelihood. The victim made concensual physical relation with the applicant without raising any objection and without making any complaint. It is only under the pressure of her parents, she made statement against the applicant. The applicant is in jail since 20/08/2025, and final adjudication will take its own time, therefore, the applicant may be enlarged on bail.
On the other hand, learned counsel for the State opposes the bail application.
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 of the age of the victim, without commenting anything on merits, I am inclined to release the applicant on bail.
Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed.
It is directed that the applicant Dilkhush Kumar 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.