1 2025:CGHC:23876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3013 of 2025 • Janak Sai @ Janak Ram S/o Ramprasad Korwa, Aged About 22 Years, R/o Majgaon, Police Station Bagicha, District Jashpur Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Sitapur, District Surguja Chhattisgarh. ... Respondent For Applicant : Mr. Ajeet Kumar Yadav, Advocate. For State/Respondent : Ms. Laxmin Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 13/06/2025 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. 11/2025 registered at Police Station Sitapur, District Surguja (C.G.), for the offence punishable under Sections 137(1), 87, 64(2)M of BNS, 2023 and Secction 5(L) read with Section 6 of POCSO, 2012. 2. Case of the prosecution, in brief, is that the applicant and SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.16 10:34:06 +0530 2 victim acquainted through Instagram and on 02.01.2025, the applicant called the victim at Sitapur Bus Stand, upon which, she went to the said bus stand, from where the applicant took her in his house at Village Majgaon, where the applicant committed sexual intercourse with her. The report to the above effect was lodged at police station, Sitapur and during course of investigation, the victim was recovered from the custody of the applicant. 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 and even they not revealed the exact date of birth of the victim. It is also submitted that the applicant has no criminal antecedents and he is in jail since 07.01.2025 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 counsel for the State opposes the bail application and submits that out of 17 witnesses only 02 witnesses have been examined till date and there are some important witnesses still remained for examination, therefore, at this stage, he 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. 3 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 even they have not revealed the exact date of birth of the victim and today also they appeared through Video Conferencing and not objected the bail application of the applicant. Notably, the Applicant is in custody since 07.01.2025 and out of 17 witnesses, only 02 witnesses have been examined till date, 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. 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.