1 2025:CGHC:24660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4179 of 2025 Santaram Kashyap S/o Payko Ram Kashyap Aged About 37 Years R/o. Village- Airmur P.S. Mardum, District- Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Police Station Mardum District- Bastar (C.G.) ... Respondent For Applicant : Mr. P. K. Tulsyan, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16.06.2025 1. The victim along with her brother appeared before this Court today through virtual mode from DLSA, Jagdalpur 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.25/2024 registered at Police Station BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.17 18:18:59 +0530 2 Mardum, District Bastar (CG) for the offence punishable under Sections 332, 351(3), 65(1) of BNS and Section 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant entered the house of the victim, who was a minor, threatened her and forcibly committed sexual intercourse with her due to which she became pregnant and subsequently gave birth to a child. On the report being made in this regard, the applicant was arrested on 21.08.2024. 4. Learned counsel appearing for the applicant submits that the victim, her mother and brother have been examined before the trial Court and they have not supported the case of prosecution. He submits that there is no proof of the age of the victim. He further submits that out of total 13 witness, only 5 witnesses have been examined, the applicant is in jail since 21.08.2024 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 the DNA report is positive and 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 victim, her mother and brother have been examined and also considering the fact that there are total 13 witnesses out of which only 5 witnesses have been 3 examined till date and the applicant is in jail since 21.08.2024 and there is all possibility of the trial taking sometime for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 8. 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