1 2025:CGHC:30704 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4371 of 2025 Nikhil Kumar Kosre S/o Late Tumman Lal Kosre Aged About 24 Years R/o Village Somni Awaspara P.S. Somni District Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh through- Station House Officer, Police Station Somni District Rajnandgaon (C.G.) ... Respondent For the applicant : Mr. Aditya Bhardwaj, Advocate For the State : Mr. Pranjal Shukla, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 04.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.296/2024 registered at Police Station Somni District Rajnandgaon CG) for the offences under Sections 137(2), 87, 65(1), A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.05 11:20:19 +0530 2 64(2)(M) of Bharatiya Nyaya Sanhita 2023 and section 5(L)/6 of the POCSO, Act. 2. The prosecution story in brief is that a report was lodged against the applicant that the victim who is a minor girl was allured and subjected to forcible sexual intercourse by him on the pretext of marriage and by making her drink alcohol, thereby the offence has been committed. 3. Learned counsel for the applicant submits that the prosecutrix has been examined, she has not supported the case of prosecution and she became hostile to the prosecution. He further refers to the statement of brother of prosecutrix and submits that her brother has objected the conversation or interaction between the prosecutrix and applicant and at his instance, the applicant has been falsely implicated. He further submits that out of 19 witnesses, only 3 have been examined, the applicant is in jail since 20.12.2024 and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the victim is minor girl and she was forced by the applicant to engage in physical relations and there are two criminal cases already registered against him. She further submits that the medical report does not contain any definite opinion and FSL report is awaited. 5. The victim along with her brother appeared through VC from the concerned DLSA. The victim has not objected to grant bail to the applicant whereas her brother has objected. 3 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case and further looking to the custody period of the applicant, without observing anything on merits of the case, it is a fit case to release the applicant on regular bail. . 7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao