1 2025:CGHC:28121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3959 of 2025 1 - Hidma Kawasi S/o Mada Kawasi, Aged About 21 Years, Caste Gond, R/o Village Tatipara, Adhikariras, P.S. Gadiras, District Sukma Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Gadiras, District Sukma Chhattisgarh. ... Respondent For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate. For State/Respondent : Ms. Prabha Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 26/06/2025 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. 34/2024 registered at Police Station - Gadiras, District Sukma (C.G.), for the offence punishable under Sections 64(2)(D), 65(1) of BNS and Section 6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.26 17:57:00 +0530 2 2. Case of the prosecution, in brief, is that the complainant lodged a written complaint with the concerned police station alleging that the applicant had committed sexual intercourse with the victim on the pretext of marriage at several time in several places. Based on this complaint, FIR was registered and applicant was arrested. 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, and that they appeared before the trial Court and raised no objection to the bail application of the applicant. It is also submitted that the applicant has no criminal antecedents and he is in jail since 08.12.2024 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 at the time of incident, victim was minor and out of 21 witnesses only 03 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. Today, victim is not appeared before this Court despite service of notice. 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, her father and mother have turned hostile. They appeared before the trial Court and raised no objection in granting bail to the applicant. Notably, the Applicant is in custody since 08.12.2024 and out of 21 witnesses, only 03 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.