1 2025:CGHC:28677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3916 of 2025 1 - Mahesh Dewangan S/o Maalik Ram Dewangan, Aged About 23 Years, R/o Begaridand Panikapara, P.S. Chandani Biharpur, District Surajpur Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Ambikapur, District Sarguja Chhattisgarh. ... Respondent For Applicant : Dr. Sudeep Agrawal, Advocate. For State/Respondent : Ms. Pragya Shrivastava, Dy.G.A. 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. 11/2025 registered at Police Station -Ambikapur, District Sarguja (C.G.), for the offence punishable under Sections 137(2), 64(2)(m) of BNS and Section 4, 6 of POCSO Act and Section 3(2-5)(a) of SC and ST Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.28 11:11:19 +0530 2 2. Case of the prosecution, in brief, is that the applicant abducted the victim belonging to the Scheduled Caste and Scheduled Tribes without the consent of her lawful guardianship and had committed sexual intercourse with her on the pretext of marriage at several time in several places as a result of which victim became pregnant. Thereafter, FIR was registered and applicant was arrested for the afore said 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 victim and her mother have been examined and turned hostile. It is also submitted that the applicant has no criminal antecedents and he is in jail since 12.01.2025 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 at the time of incident, victim was aged about 17 years 5 months and out of 24 witnesses only 02 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 mother appeared virtually from the concerned DLSA and raised their no objection in granting bail to the applicannt. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 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 and even on 24.06.2025, they appeared virtually from concerned DLSA and raised their no objection in granting bail to the applicant. Notably, the Applicant is in custody since 12.01.2025 and out of 24 witnesses, only 02 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.