Badriprasad Shriwas Vs State of Chhattisgarh

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.

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The applicant was arrested on 25.07.2024 in connection with Crime No.270 of 2024 registered at PS- Simga, District- Baloda Bazar, Chhattisgarh for the offence punishable under Sections 137(2), 96, 64 of the BNS, and Section 4 and 6 of the POCSO Act, 2012.

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Case of the prosecution in brief is that on 21.07.2024, father of the prosecutrix lodged a missing report that his minor daughter was missing since

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Mcrc 6294 of 2024

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2

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20.07.2024, and her whereabouts could not be traced out. Police registered offence under Section 137(2) of the BNS and started investigation. During the investigation, prosecutrix was recovered on 25.07.2024 from village Surajgarh, from the house of applicant, and after recording her statement, other offences of Section 96 of the BNS, and Sections 4 and 6 of the POCSO Act have been added. Applicant was arrested on 25.07.2024, and after investigation, chargesheet has been filed against the applicant.

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Learned counsel for the applicant would submit that prosecutrix being a major girl, is having love affair with the applicant. She herself has eloped with him, on her own will, and has not raised any objections and has not made any complaint to anyone. It is only when she came to know that her father has lodged missing report, she made complaint against the applicant. Applicant is in jail since 25.07.2024, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail.

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On the other hand, learned State counsel would oppose the bail application, and would submit that prosecutrix was recovered from the house of applicant, and she appears to be minor on the date of incident, applicant is not entitled for bail.

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Considering the submissions made by learned counsel for the parties, also considering the nature of allegations, as also the the material collected by the prosecution during investigation, further considering the statement of prosecutrix recorded under Section 164 of the CrPC, and also that applicant is in jail since 25.07.2024 and final adjudication of the case would take some

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Mcrc 6294 of 2024

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3

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more time, without commenting anything on merits of the case, I am inclined to release the applicant on bail.

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Accordingly, the bail application filed by the applicant- Badriprasad Shriwas, s/o Santosh Shriwas, 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 the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions:

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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;

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ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

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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.

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Certified copy as per rules.

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Sd/-

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(Ravindra Kumar Agrawal) JUDGE

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padma

Badriprasad Shriwas v. State of Chhattisgarh

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Badriprasad Shriwas v. State of Chhattisgarh

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