Dismissed¶26

Kishan Das @ Radhe Das v. State of Chhattisgarh

Bail – Regular bail under Section 483 BNSS, 2023

Chhattisgarh HC23 Feb 2025MCRC/876/2025

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What is this about?

MCRC No. 876 of 2025, High Court of Chhattisgarh at Bilaspur (Ravindra Kumar Agrawal, J.), decided 24.02.2025 – First regular bail application under S.483 BNSS by accused in Crime No. 157 of 2024, PS Udayapur, Distt. Surguja, for offences under Ss.137, 87, 64 BNS and Ss.4, 6 POCSO Act, 2012 involving a minor victim; bail refused, application dismissed.

What did the court decide?

Considering the submissions of counsel, the nature of allegations, the material collected during investigation against the applicant, the minor age of the victim and the pendency of trial, the Court found no good ground to release the applicant on bail. ¶24

Kishan Das @ Radhe Das Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

2025:CGHC:9450

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 876 of 2025

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1 - Kishan Das @ Radhe Das S/o Sube Das Aged About 21 Years R/o Belpatrapara, Sargaon, Police Station - Udaypur, Distt.- Surguja (C.G.).

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... Applicant

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versus

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1 - State Of Chhattisgarh Through- Station House OfÏcer, Police Station - Udaypur, Distt. Surguja (C.G.).

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... Non-applicant

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For Applicant : Mr. Rajbhadur Singh, Advocate For Res/State : Mr. Aatanu Ghosh, Deputy Government Advocate

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Hon’ble Shri Justice Ravindra Kumar Agrawal

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order on Board

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24.02.2025

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1. 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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2. The applicant was arrested on 30.07.2024 in connection with Crime No. 157 of 2024, registered at PS- Udayapur, District- Surguja, Chhattisgarh for the

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offence punishable under Section 137, 87, 64 of the BNS and Sections 4 and 6 of the POCSO Act, 2012.

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3. Brief facts of the case is that on 14.07.2024, the father of the victim lodged a missing report that his minor daughter is missing since 12.07.2024, and her whereabouts could not be traced out. The Police registered offence under Section 137 of the BNS and started investigation. During investigation, the victim was recovered from the house of the grand-mother of the present applicant. After recording her evidence other offences of Sections 87, 64 of the BNS and Section 4 and 6 of the POCSO Act have been added on 30.07.2024 and after investigation, charge-sheet has been filed.

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4. Learned counsel for the applicant would submit that there is no legally admissible evidence with respect to the age of the victim. She was having love affair with the applicant and her own will she eloped with him and made consensual physical relationship. He would further submit that the victim has been examined before the learned trial Court as PW01 and she has not supported the prosecution case. The father of the victim was also examined. It is also submitted that on 09.12.2024 in MCRC No. 6109 of 2024, the father of the appellant has been granted bail by this Court. Applicant is in jail since 23.07.2024 and final adjudication of the case will take its own time. Hence, the applicant may be enlarge on bail.

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5. On the other hand, learned State counsel opposes the bail application and would submit that from the school record collected during the investigation, the victim appears to be aged about 13 years and the minor victim was subjected to rape by the applicant. The trial of the case is in progress therefore, he may not be granted bail.

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6. Considering the submission made by learned counsel for the parties, also considering the nature of allegations, as also the material collected during investigation against the present applicant as well looking to the age of the

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victim as she is minor and the trial of the case is in progress, I do not find

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any good ground to release the applicant on bail.

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7. Accordingly, the present bail application of the applicant is rejected.

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Sd/-Sd/(Ravindra Kumar Agrawal) Judge

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amita

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