1 2025:CGHC:27300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3370 of 2025 1 - Shivnath @ Chote Thakur S/o Late Sidhan Thakur Aged About 72 Years R/o Village Dand Amorni (Wrongly Mentioned As Dad Amroni), P.S. Jhilmili, District Surajpur (C.G.) (As Per Honble Court Order Dated 23-06-2025). ... Applicant versus 1 - State Of Chhattisgarh Through- S.H.O., Ajak Surajpur, District- Surajpur (C.G.) ... Respondent For Applicant : Ms. Meena Shastri, Advocate. For State/Respondent : Mr. G.L. Uike, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 24 / 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. 4/2025 registered at Police Station Ajak, Surajpur, District Surajpur (C.G.), for the offence punishable under Section 65(1) of B.N.S. and Digitally signed by HEERA LAL SAHU Date: 2025.06.24 17:00:14 +0530 2 Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(V) of SC & ST (Prevention of Atrocities) Act, 1989. 2. As per the prosecution’s case, on 30.01.2025, complainant, mother of the victim, lodged a report to the concerned police station stating therein that the applicant is her brother-in-law (Dewar) who is exorcist (Ojha) and on the date of offence i.e. 29.01.2025, on pretext of treatment, he committed sexual assault with her minor daughter, victim. 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 the victim, the mother of the victim and the grandfather of the victim have turned hostile in their Court statements and do not support the case of the prosecution. She next submits that the applicant is a 72-year-old senior citizen who is in jail since 30.01.2025, 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 3 heinous crime with a minor girl who was 14 years of age at the time of incident, FSL report is awaited, therefore, at this stage, he may not be enlarged on bail. 5. The victim along with her mother, appeared through video conferencing from the concerned DLSA yesterday, i.e. 23.06.2025 and raised no objection to grant 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 and also considering the fact that the applicant is aged about 72 years and in custody since 30.01.2025, only three witnesses i.e. the victim, mother and grandfather of the victim have been examined out of 16 witnesses, who have been rebutted in their cross examination and further considering the fact that the victim and her mother has no objection to grant bail to the applicant, and the trial is likely to take considerable time, therefore, at this stage, I am inclined 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 4 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 H.L. Sahu