1 2025:CGHC:26944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3334 of 2025 1 - Aakash Dubey S/o Ramesh @ Umesh Dubey Aged About 23 Years R/o Village Gora, Vitanoliya Ward No. 08, Laxmipur, Yogaptti, West Champaran, District Betiya Bihar At Present Address Maharana Pratap Ward No. 47, Jagdalpur, District Bastar (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mardum, District Bastar (C.G.). ... Respondent For Applicant : Mr. Manish Nigam, Advocate. For State/Respondent : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23 / 06 /202 5 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. 05/2025 registered at Police Station Mardum, District Bastar (C.G.), for the offence Digitally signed by HEERA LAL SAHU Date: 2025.06.23 17:50:10 +0530 2 punishable under Sections 74, 126(2), 115(2) of B.N.S. and Section 08 of the Protection of Children from Sexual Offences Act, 2012. 2. Case of the prosecution, in brief, is that complainant/victim lodged a report stating therein that on 08.02.2025 at about 9:00 am when she went to answer the call of nature, at that time, one unknown person came there and caught her and carried her towards forest where he tried to outrage her modesty. Based on this, offence has been registered against the present applicant. 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 TIP was vitiated as the appellant was arrested on 04.04.2025, and a test identification parade was conducted. Prior to the test identification parade, video and photographs of the applicant were shown to the victim on 12.02.2025. He next submits that charge sheet has been filed 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 the applicant did a heinous crime with a minor girl who was 15 years of age at 3 the time of incident, there are total 21 witnesses in this case, therefore, at this stage, he may not be enlarged on bail. 5. Notice has been served upon the victim, but no one appeared for the victim today. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that the FIR was lodged against the unknown person and before TIP dated 4.4.2025, identification panchnama was conducted on 12.02.2025 which vitiate the TIP, charge sheet has been filed and there is 21 witnesses in this case, 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. 4 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 H.L. Sahu