1 2025:CGHC:27779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4209 of 2025 Sanjay Kumar Kathautiya S/o Ram Pyare Aged About 42 Years R/o Vill.- Tusma, P.S. - Shivarinarayan, Distt.- Janjgir-Champa (C.G.) Presently R/o Vill.- Sirri, P.S.-Pasan, Distt.- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Pasan, Distt.- Korba (C.G.) (Police Station Wrongly Mentioned In The Impugned Order). ... Respondent For Applicant : Mr. A. K. Matre, Advocate For State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25.06.2025 1. The victim along with her mother appeared before this Court today through virtual mode from DLSA, Korba and objected in granting bail to the applicant. 2. Heard on the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular bail to the applicant who has been arrested in connection with Crime No.51/2025 registered at Police Station BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.26 17:38:20 +0530 BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.26 17:39:57 +0530 2 Pasan, District Korba (CG) for the offence punishable under Sections 74 of BNS and Section 8 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, on 04.04.2025, the victim went to the house of the applicant for tuition. It is alleged that the applicant closed the door of the house, took off his clothes and was asking the victim to sleep on the bed. When the victim started running out of fear, the applicant caught her hand but she freed her hand and ran away. On report being made in this regard by the mother of the victim, the applicant was arrested on 05.04.2025. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case as the applicant had scolded the victim few days prior to the alleged incident for her inappropriate acts in the school. He further submits that there are total 28 witnesses, out of which only one witness i.e. the victim has been examined till date and the applicant is in jail since 05.04.2025 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 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. 7. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the applicant is in jail since 05.04.2025 and 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, without commenting anything on merits of the case, this Court is inclined to release the applicant on bail. 3 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