1 2025:CGHC:31618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4254 of 2025 1 - Deepak Patle S/o Late Munna Patle Aged About 22 Years R/o Akaltara, Ward No. 01, Police Station- Simga, District- Baloudabzar- Bhatapara (Chhattisgarh), Present R/o Rental House Of Village- Achholi, Police Station- Urla, District : Raipur, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Rajim, District : Gariyabandh, Chhattisgarh. ... Respondent For Applicant : Mr. Shivendu Pandya, Advocate. For State/Respondent : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 09/07/2025 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. 239/2024 registered at Police Station - Rajim, District Gariyaband (C.G.), for the offence punishable under SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.10 10:25:37 +0530 2 Sections 137(2), 87, 65(1), 64(2)(m), 81 of BNS and Section 4(2), 6 of POCSO Act. 2. Case of the prosecution, in short, is that the applicant committed forcefully sexual intercourse with the victim on the pretext of marriage. On the said act of the accused/applicant, the victim lodged the report against the applicant in Police Station-Rajim, District-Gariyaband (C.G.) for the aforesaid offence. 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 was a consenting party and turned hostile during examination. The applicant has no criminal antecedents and he is in jail since 18.01.2025 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, submitting that the applicant has forcibly committed sexual intercourse with the minor victim on false pretext due to which she became pregnant and later her pregnancy was aborted. The DNA report is still awaited and out of 30 witnesses only 06 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 along with her father appeared virtually from the 3 concerned DLSA and raised his no objection in granting bail to 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 victim has turned hostile during examination. Today also she appeared virtually and raised her no objection in granting bail to the applicant. The applicant is in jail since 18.01.2025, out of 30 witnesses only 06 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.