1 2025:CGHC:28676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4255 of 2025 1 - Prem Kumar Yadav @ Prem Yadav S/o Late Ram Prasad Yadav, Aged About 24 Years, R/o Savni Police Chowki Ganesh Mod P.S. Balrampur, District Balrampur Ramanujganj Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O. Of Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh. ... Respondent For Applicant : Mr. Hariom Rai, Advocate. For State/Respondent : Mr. Karan Kumar Baharani, 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. 132/2024 registered at Police Station - Balrampur, District Balrampur-Amanujganj (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)9m), 351(2) of BNS and Section 4, 6 of POCSO 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 on 15.07.2024 at about 10:00 pm, the applicant called the victim to meet him and took her near Chanan river and committed sexual intercourse with her and threatened to defame her if she told anyone about the incident. Thereafter, again on 02.09.2024, the applicant took the victim to his house and committed sexual intercourse with her and dropped the victim to her home. Thereafter, the victim told her parents about the incident and lodged an FIR in connection with the above incident at Police Station Balrampur on 03.09.2024. 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 and her father have been examined and turned hostile. It is also submitted that the applicant has no criminal antecedents and he is in jail since 04.09.2024 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 aged about 16 years 07 months and out of 15 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. Today, father of the victim appeared virtually from the concerned DLSA and raised his no objection in granting bail to 3 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 and gravity of the offence, and also taking into account that the victim and her father have turned hostile. Today also, father of the victim appeared virtually and raised his no objection in granting bail to the applicant. The applicant is in jail since 04.09.2024 and out of 15 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.