1 2025:CGHC:20251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2575 of 2025 1 - Khemlal Jain S/o Hariram Jain Aged About 24 Years R/o Village- Palhar, Post- Kodekurse, Tahsil And Police Station- Durgukondal, District North Bastar, Kanker, Chhattisgarh. .. Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station- Tadoki, District North Bastar, Kanker, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Mr. Shivendu Pandya, Advocate. For Non-applicant(s) : Mr. Gorelal Uikey, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 02/05/2025 1. Pursuant to the order dated 02.04.2025 the victim along with her mother appeared through virtual mode from DLSA, Kanker and submitted that they have no objection in granting bail to the applicant, their submission is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 01.06.2024 in connection with Crime No. 06/2024 registered at Police Station Tadoki,, District Uttar 2 Baster Kanker (C.G.) for the offence under Sections 376(3), 376(2)(n) of IPC and 4, 6 of the Protection of Children from Sexual Offences Act, 2012 (as per charge sheet). 3. The case of the prosecution is that on 01.06.2024 the father of the victim lodged a missing report that his minor daughter was being sexually exploited by the applicant since 28.02.2024 which continued upto 29.04.2024. The police has registered the offence under Section 376(3), 376(2)(n) of IPC and Section 4 & 6 of POCSO Act. The applicant has been arrested on 01.06.2024 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant has falsely been implicated in the offence. There is no sufficient material in the charge- sheet against the applicant that he committed the offence with the victim. The report has been lodged belatedly. The victim and her parents have been examined before the learned trial Court as PW-1, PW-2 and PW-3 and they have completely turned hostile and not supported the prosecution case. The applicant is in jail since 01.06.2024, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering that her 183 B.N.S statement and also that the victim and her parents have been examined before the learned trial Court as PW-1, PW-2 and PW-3 and have completely turned hostile and not supported the prosecution case, the applicant is in jail since 01.06.2024 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Khemlal Jain 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. 3 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) 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 fact to the Court. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.05 19:53:31 +0530