AI Structured Summary
Not yet generated for this judgment
Judgment
Ravindra Kumar Agrawal, J
Pursuant to the order dated 19.09.2025, the victim and her father appeared through virtual mode from the concerned DLSA and submits that they have no 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 21.05.2025 in connection with Crime No.235/2025 registered at Police Station Arang, District Raipur for the offence punishable under Sections 137(2), 87, 64(1) of BNS and Section 6 of POCSO Act.
As per prosecution case, on 05.05.2025 a missing report was lodged by the father of victim that his minor daughter is missing since 04.05.2025 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 victim came back to her house on 17.05.2025 and she was being taken to police statation by her parents where 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 the applicant is innocent and he has been arrested only on suspicion. In 183 BNSS statement of victim recorded on 20.05.2025 she has not made any allegation against the applicant and stated in her statement that when her parents scolded, she left her house and went to the house of her maternal aunt’s house whereas, on 24.05.2025 her another statement under 183 BNSS was recorded in which she raises allegation against the applicant. Had the applicant committed any offence with victim, she would have raised allegation against the applicant on first occasion. 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 and he read over the contents of both the 183 BNSS statements of victim.
Without commenting on merits, considering the totality of the facts and circumstances of the case, the nature of allegation and material collected during investigation and also considering 183 BNSS statements of victim recorded on 20.05.2025 and 24.05.2025, 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.