1 2025:CGHC:24486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3082 of 2025 • Bhagat Ram S/o Rupan Ram, Aged About 19 Years, R/o Nawaparakala, Police Station- Darima, District- Surguja (C.G.). ... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Lakhanpur, District- Surguja (C.G.). ... Respondent For Applicant : Ms. Seema Mishra, Advocate. For State/Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16/06/2025 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. 319/2024 registered at Police Station Lakhanpur, District Surguja (C.G.), for the offence punishable under Sections 137(1), 64(2)9m) of BNS and Secction 4 & 6 of POCSO, 2012. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.17 11:25:35 +0530 2 2. Case of the prosecution, in brief, is that on 16.12.2024, the applicant abducted the minor from her lawful guardianship and detained her in his village Nawaparakala and during course of detention, the applicant has committed sexual intercourse with her. The report to the above effect was lodged, upon which initially the offence under Seciton 137(2) of BNS was registered and during course of investigation, the prosecutrix was recovered on 29.12.2024 from the custody of the applicant and on the basis of her statement, the offence 64(2)(m) of BNS and Section 4 & 6 of POCSO Act, 2012 have been added. 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 submitted that the victim and her mother have not supported the case of the prosecution and turned hostile. It is also submitted that the applicant has no criminal antecedents and he is in jail since 29.12.2024 and the trial is likely to take considerable time to conclude. Therefore, she 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 out of 17 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. 5. Despite service of notice neither victim nor her guardian appeared before this Court today. 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 mother have not supported the case of prosecution and turned hostile and it is reported that the father of the victim has passed away. Today also no one is appearing despite service of notice. Notably, the Applicant is in custody since 29.12.2024 and out of 17 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.