1 2025:CGHC:26383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3321 of 2025 • Devprasad @ Deva Yadav S/o Ramlallu Yadav Aged About 24 Years (Wrongly Mentioned In Order Sheet As Dev Yad), R/o Village- Sarna, Choukidarpara, P.S.- Raghunathnagar, District- Balrampur-Ramanujganj (C.G.). ... Applicant versus • State Of Chhattisgarh Through - S.H.O., Police Station- Raghunathnagar, District- Balrampur-Ramanujganj (C.G.). ... Respondent For Applicant : Mr. Pushkar Sinha, Advocate. For State/Respondent : Mr. G.L. Uikey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 20/06/2025 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. 108/2024 registered at Police Station Raghunathnagar, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 137, 64(2-m), 65, 74, 76 of BNS and Section 4 & 6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.20 16:55:08 +0530 2 2. Case of the prosecution, in brief, is that the applicant and victim are familiar to each other for about six months and on 17.10.2024, the applicant allegedly called her to his house, abused her and committed sexual intercourse with her. Two days later, applicant called her again and attempted to commit sexual intercourse with her. However, her uncle intervened, hitting the accused with a stick, and the accused fled. Thereafter, the victim reported the incident to her family and an FIR was filed at Raghunathnagar Police Station and applicant has been arrested for the aforesaid offence. 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 mother have turned hostile and not supported the case of the prosecution. He next submits that the applicant has no criminal antecedents and he is in jail since 22.10.2024 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 15 years and out of 20 witnesses only 03 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 mother appeared through D.L.S.A. Balrampur 3 and raised their no objection in granting bail to the applicant. 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 mother have turned hostile. Today also, victim and her mother appeared through video conferencing and made their no objection in granting bail to the applicant. Notably, the Applicant is in jail since 22.10.2024 and out of 20 witnesses, only 03 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.