1 2025:CGHC:25372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2970 of 2025 • Sawan Kumar Vaishnav S/o Deepak Kumar Vaishnav, Aged About 18 Years, R/o Dugarupara, Ward No. 06, Dharamjaigarh, Police Station Dharamjaigarh, District- Raigarh (C.G.). ... Applicant versus • State Of Chhattisgarh Through - The Station House Officer, Police Station Dharamjaigarh, District- Raigarh (C.G.). ... Respondent For Applicant : Mr. Shiv Sewak, Advocate. For State/Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 18/06/2025 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. 51/2025 registered at Police Station Dharamjaigarh, District Raigarh (C.G.), for the offence punishable under Sections 65(1) of BNS and Secction 4 & 6 of POCSO, 2012 and Section 3(2)5(A) of SC/ST (Prevention of Atrocities) Act. 2. Case of the prosecution, in brief, is that on 15.02.2025, the victim filed a written complaint in Police Station SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.18 17:42:05 +0530 2 Dharamjaygarh, stating that in September 2023, during Ganesh Visarjan, she met with the applicant and they exchanged their number. Since then, when he visited her, he would take her photos and in December 2024, when the victim was alone at her home, applicant visited her and committed forcefully sexual intercourse with her on the pretext of marriage. Upon her refusel, the applicant threatened to viral her photos and MMS. Based on such complaint, FIR was registered and applicant has been arrested. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case and has no connection with the offences charged against him. It is further contended that victim and her father have turned hostile and on the last date of hearing i.e., 11.06.2025, they appeared before this Court through Video Conferencing and raised their no objection to the bail application and medical evidence is also not supported the case of the prosecution. He next submits that the applicant has no criminal antecedents and he is in jail since 15.02.2025 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 opposed the bail application and submits that at the time of incident, victim was aged about 15 years and out of 23 witnesses only 02 witnesses have been examined till date and there are some important witnesses still remain for examination, therefore, at this stage, he may not be enlarged on bail. 3 5. On 11.06.2025, Victim and her father appeared through Video Conferencing and have raised their 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 also considering the fact that the victim and her father have turned hostile. On 11.06.2025, Victim and her father appeared through Video conferencing and made their no objection in granting bail to the applicant. Notably, the Applicant is in custody since 15.02.2025 and out of 23 witnesses, only 02 witnesses have been examined till date, and the trial is likely to take considerable time, therefore, at this stage, I find it appropriate to release the applicant on bail. 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.