1 2025:CGHC:29431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2994 of 2025 1 - Durgesh Kewant S/o Ramgulal Kewant, Aged About 34 Years, R/o Village Banahil, Thana Mulmula, District Janjgir Champa Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Mulmula, District Janjgir Champa Chhattisgarh. ... Respondent For Applicant : Mr. Chandra Prakash Lahrey, Advocate. For State/Respondent : Mr. G.L. Uikey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 01/07/2025 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. 323/2023 registered at Police Station - Mulmula, District Janjgir-Champa (C.G.), for the offence punishable under Sections 79 of BNS, 67(A) of IT Act and Section 14(1) of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.02 11:23:22 +0530 2 2. Case of the prosecution, in brief, is that the applicant/accused was arrested in connection with Crime No. 323/2024 of Mulmulla Police Station for offences punishable under Section 79 of Bharatiya Nyaya Sanhita (BNS), Section 67A of the Information Technology (IT) Act, and Section 14(1) of the POCSO Act. The allegation against the appellant is that he took a photo of the victim on his mobile phone, creating a video, and circulating it on Instagram. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. It is further submitted that although the charge-sheet has been filed, the charge has not been framed till date. The applicant has no criminal antecedents and he is in jail since 20.03.2025. There are total 20 witnesses, 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, submitting that at the time of incident, the victim was aged about 16 years 03 month and since the trial has not yet commenced, the applicant should not be granted bail at this stage. 5. Today, uncle ( बड़े पापा) of the victim appeared virtually from the concerned DLSA and raised his objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that chare has not been framed till date. The applicant is in jail since 20.03.2025. 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.