Akash Singh Vs State of Chhattisgarh

For Applicant : Mr. Aditya Khare, Advocate. For State/Non-applicant : Mr. Pranjal Shukla, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

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Order on Board

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19-09-2025

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Pursuant to the order dated 04-09-2025 the victim along with her parents appeared through virtual mode from DLSA, Koriya, Baikunthpur and raised objection in granting bail to the applicant. Their objection is taken on record.

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Heard on the application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘B.N.S.S., 2023’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 26-04-2025 in connection with Crime No.149/2025 registered at P.S. -Baikunthpur, District- Koriya (C.G.) for the offence under Section 137(2), 87, 64(2)(m) of Bhartiya Nyay Sanhita, 2023 (in short ‘B.N.S., 2023”) and Section 4(1) and 6 of Protection of Children from Sexual Offences Act (in short ‘POCSO Act’).

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The case of the prosecution is that, on 25-04-2025 the father of the victim

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Digitally signed byMOHAMMED AADIL KHAN Date: 2025.09.19 20:51:01 +0530

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lodged a missing report that his minor daughter is missing since 24-04-2025 and her whereabouts could not be traced out. The police registered the offence under Section 137(2) of B.N.S., 2023 and started investigation. During the investigation the victim was recovered on 25-04-2025 from the possession of the applicant and after recording her statement the other offences of Section 87, 64(2)(m) of B.N.S., 2023 and Section 4(1) and 6 of POCSO Act have been added. The applicant has been arrested on 26-042025 and after investigation charge sheet has been filed.

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Learned counsel for the applicant would submit that the victim is a major girl having love affair with the applicant, had herself gone to the house of the applicant and engaged in making consensual sexual relation with him. There is no legally admissible evidence with respect to her age in the charge sheet and it is only under the pressure of her parents she made statement against the applicant. The applicant is in jail since 26-04-2025 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail.

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Learned counsel for the State opposes the bail application.

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Considering the submissions made by the learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and after perusing her her statement under Section 183 of B.N.S.S., 2023, further that the applicant is in jail since 26-04-2025, without commenting anything on merits of the case I am inclined to release the applicant on bail.

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Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. It is directed that the applicant 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 the following conditions :-

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(i ) he shall not, directly or indirectly make any inducement, threat or

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promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court ; (ii ) he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

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(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Aadil

Akash Singh v. State of Chhattisgarh

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Akash Singh v. State of Chhattisgarh

Case brief

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