1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3500 of 2025 Jitendra Karma S/o Bhusa Karma Aged About 19 Years R/o Village Michnar Kumharpara P.S. Lohandiguda District - Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Prejarpur (Parpa) District- Bastar (C.G.) ... Respondent/State For Applicant : Mr. Ashish Gangwani, Advocate For State : Ms. Laxmi Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 01.07.2025 1. The victim along with her mother appeared before this Court today through virtual mode from DLSA, Bastar and the victim expressed her no-objection in granting bail to the applicant whereas her mother objected in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant Digitally signed by BHOLA NATH KHATAI Date: 2025.07.01 17:25:41 +0530 2 who has been arrested in connection with Crime No.78/2025 registered at Police Station Frejarpur(Parpa), District Bastar (CG) for the offence punishable under Sections 137(2), 87, 64, 64(2)(M) of BNS and Section 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the allegation against the applicant is that he, knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 14.04.2025. 4. Learned counsel appearing for the applicant submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. He submits that though the mother of the victim has objected but the victim has given her no-objection in granting bail to the applicant. He further submits that out of total 17 witness, only one witness i.e. the victim has been examined so far, the applicant is in jail since 14.04.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim has been examined before the trial Court and she has turned hostile and also considering the fact that the victim has given her no-objection in granting bail to the applicant though her mother has objected, there are total 17 witnesses out of which only one witness i.e. the victim has been examined till date and there is all possibility of the trial taking sometime for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present 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 concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE