Grant of regular bail based on the duration of custody and the slow progress of the trial, without making a determination on the merits of the case.

Order on Board

1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 100/2025 registered at Police Station Sargaon, District Mungeli (CG) for the offences under Sections 137(2), 87, 65(1) of BNS, 2023 and Sections 4 & 6 of POCSO Act, 2012 .

2. As per the prosecution story, on 01.08.2025, the father of victim lodged a report stating that in the morning of 30.07.2025, he and his wife had gone to their work at separate places. Around 11.00 a.m., his wife returned home from the fields and saw a missed call on her mobile phone from the school teacher. When she called back, the school teacher informed that her daughter (victim) had not come to school that day though she had to appear in an examination. Thereafter his wife informed her husband that their daughter went missing. After searching for the victim among their relatives, when they could not find her traces, a report was lodged by the father. On such report, Crime was registered. During investigation, on 01.08.2025, the victim was recovered and on enquiry, she disclosed that the applicant took her to Bilaspur by bus and then to Pune by train where she was subjected to forcible sexual intercourse.

3. Learned counsel for the applicant submits that the prosecutrix had voluntarily accompanied the applicant to Pune and she was consenting party. He further refers to the court statement of the victim and submits that she was major lady of 19 years, therefore no offence is made out under the POCSO Act. He next submits that the victim and her parents have been examined before the trial Court and they have not categorically supported the prosecution case. He submits that the applicant is in jail since 02.08.2025 and till date out of a total 18 witnesses, only 5 have been examined and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that the applicant was minor at the time of incident and he had taken away the the victim from the lawful custody of her parents and committed rape on her.

5. The father of victim has appeared in person and raised objection to grant bail.

6. Having considered the submissions made by learned counsel for the parties and on perusal of the court statements of victim and her parents and further looking to the custody period of the applicant, without observing anything on merits of the case, I am inclined to release him on bail.

7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf.

Cc as per rules.