1 2025:CGHC:24912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3160 of 2025 • Kamlesh Bagade S/o Shri Pramod Bagade, Aged About 22 Years, R/o Near Of Saraswati Dal Mil Pandri P.S. Civil Line Raipur District - Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through P.S. Civil Line District - Raipur (C.G.) ... Respondent For Applicant : Mr. Pragalbha Sharma, Advocate. For State/Respondent : Ms. Laxmin Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17/06/2025 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. 583/2024 registered at Police Station Civil Line, District Raipur (C.G.), for the offence punishable under Sections 64(2)(m), 351(2) of BNS and Secction 4 & 6 of POCSO, 2012. 2. Case of the prosecution, in brief, is that on 08.11.2024, the father of the victim filed a written complaint in Civil Line Police SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.18 17:32:36 +0530 2 Station to the effect that the applicant and his minor daughter acquainted through instagram. During the conversation, the applicant called the victim in his house in Tarun Nagar on 23.01.2022 between 01-02 pm and forcibly committed sexual intercourse with her on the pretext of marriage and made a video of it. 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 submitted that the victim and her father have not supported the case of the prosecution and appeared before the trial Court and raised no objection to the bail application of the applicant. It is also submitted that the applicant has no criminal antecedents and he is in jail since 09.11.2024 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 12 years and out of 11 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. Victim and her elder sister appeared through Video Conferencing and have raised their 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 also considering the fact that the victim and her father have turned hostile. They appeared before the trial Court and raised no objection to the bail application. Notably, the Applicant is in custody since 09.11.2024 and out of 11 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.