1 2025:CGHC:23080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPU MCRC No. 2896 of 2025 • Khelsay S/o Sobin Markam Aged About 26 Years R/o Village - Hukrakona, Chouki-Pandrapath, Police Station - Bagicha, District - Jashpur, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Of Police Station - Bagicha, District - Jashpur, Chhattisgarh ... Respondent For Applicant : Mr.Sanjeev Kumar Sahu, Advocate. For State/Respondent : Ms. Prabha Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 103/2022 registered at Police Station Bagicha, District Jashpur (C.G.), for the offence punishable under SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.12 10:20:32 +0530 2 Sections 363, 366(a), 376 & 376(2)(d) of the Indian Penal Code and Section 5(L), 6 of the POCSO Act. 2. Case of the prosecution, in brief, is that on 26.06.2022 at about 2-3:00 am mid night, the accused/applicant allegedly kidnapped the minor victim without the consent of her lawful guardians and took her to her village Hukra Koha and allegedly subjected her to aggravated penetrative sexual assault by inducing her with a promise of marriage and committing rape on her. Thereafter, father of prosecutrix lodged written report against the applicant at the police chowki-Pandrapath, Police station Bagicha, District-Jashpur. Based on the comaplaint filed by the victim’s father, a case was registered and applicant was arrested. 3. Learned counsel for the applicant has argued that the applicant has been falsely implicated in this case and has no connection with the offences charged against him. It is further submitted that the victim was a consenting party, and both the victim and her father have turned hostile. Additionally, the Forensic Science Laboratory (FSL) report is negative. It is also submitted that the applicant has no criminal antecedents and is in jail since 07.08.2024 and out of 23 witnesses, only 4-5 witnesses have been examined so far, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel would oppose the submissions made by learned counsel for the applicant and 3 prays that the present applicant may not be enlarged on bail. 5. The victim and her father, who appeared through Video Conferencing, have stated that they have no objection to the bail application. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the victim and her father have turned hostile and today also they appeared through Video Conferencing and not objected the bail application of the applicant. Notably, the Applicant Khelsay is in custody since 07.08.2024 and out of 23 witnesses, only 4-5 witnesses have been examined so far, and the trial is likely to take considerable time, and therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed and 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 trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.