1 2025:CGHC:24915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3226 of 2025 • Harinam Yadav S/o Dayaram Aged About 19 Years R/o Village Ujiyarpur, Police Station Pondi, District Manendragarh- Chirmiri-Bharatpur (C.G.). ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Pondi, District Koriya (Now Manendragarh-Chirmiri- Bharatpur (C.G.). ... Respondent For Applicant : Mr. Ramsajiwan, Advocate. For Respondent/State : Mr. G.L. Uikey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17 / 06 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 12/2024 registered at Police Station – Pondi, District – Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 137(2), 87, 64(2)(5), 65(1) of BNS and Section 06 of POCSO Act and Section 3(2-5) of SC/ST Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.18 17:32:33 +0530 2 2. The prosecution case, in brief, is that, the applicant abducted the victim on the pretext of marriage, knowing that the victim is a minor belonging to the Scheduled Tribe Community and committed sexual intercourse with her from 09.07.023 to 14.07.2024 and thereby committed the offences as mentioned above. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim and her mother have been examined and they have not supported the case of prosecution, turning hostile. He next submits that the applicant has no criminal antecedent and he is in jail since 16.07.2024. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application and submits that at the time of incident the victim was aged about 15 years and out of 20 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. Despite service of notice, victim is not appeared before this Court today. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the 3 evidence against the applicant, further considering the fact that out of 20 witnesses only 02 witnesses have been examined and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. However, considering the fact that the applicant is in jail since 16.07.2024 about 11 months. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible preferably within a period of 04 months. 10. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.