Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28678
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4005 of 2025 1 - Bhushan Sinha S/o Dinesh Sinha. Aged About 25 Years. R/o Chandni Chowk, Loharsi, P.S. Arjuni, District Dhamtari Chhattisgarh.
... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Charama District North Bastar Kanker Chhattisgarh.
... Respondent For Applicant : Mr. P.K. Tulsyan, Advocate. For State/Respondent : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 27/06/2025
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. 162/2024 registered at Police Station - Charama, District North Bastar (C.G.), for the offence punishable under Sections 137(20, 87, 64(2)(m), 39 of BNS and Section 6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.28 11:11:19 +0530
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2. Case of the prosecution, in brief, is that on 25.11.2024, the mother of the victim lodged a missing report regarding her daughter. The police registered an FIR and, during the investigation, recovered the victim from the possession of applicant. The victim alleged that the applicant had committed sexual intercourse with her on the pretext of marriage. Thereafter, the applicant was 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, with no connection to the alleged offence. It is further submitted that the victim, her father, and mother have been examined and turned hostile. It is also submitted that the applicant has no criminal antecedents and he is in jail since 20.12.2024 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 out of 23 witnesses only 04 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. On 24.06.2025, victim along with her father appeared virtually from the concerned DLSA 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
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Notably, the Applicant is in custody since 20.12.2024 and out of 23 witnesses, only 04 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.