1 2025:CGHC:29002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4227 of 2025 Anish Kumar Sahu @ Anil S/o Shiv Kumar Sahu Aged About 20 Years R/o Ward No. 14, Shahid Chowk, Dallirajhara, P.S. Rajhara, District - Balod (Chhattisgarh) (Wrongly Mentioned As Alise Anil In The Cause Title Of The Impugned Order) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Gurur, District Balod (Chhattisgarh) ... Respondent/State For Applicant : Mr. Prasoon Agrawal, Advocate For State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30.06.2025 1. The father of the victim appeared before this Court today through virtual mode from DLSA, Balod and expressed his no-objection in granting bail to the applicant. 2. Heard the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular Digitally signed by BHOLA NATH KHATAI Date: 2025.07.01 10:38:37 +0530 Digitally signed by BHOLA NATH KHATAI Date: 2025.07.01 10:41:34 +0530 2 bail to the applicant who has been arrested in connection with Crime No.34/2025 registered at Police Station Gurur, District Balod (CG) for the offence punishable under Sections 137(2), 87, 64(1) of BNS and Section 3/4(1) of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the allegation against the present applicant is that he knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. 4. Learned counsel appearing for the applicant submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. The father of the victim has also given his no-objection in granting bail to the applicant. He further submits that out of total 19 witness, only one witness i.e. the victim has been examined till today, the applicant is in jail since 14.03.2025 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 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 has turned hostile, her father has given his no-objection in granting bail to the applicant 3 and also considering the fact that there are total 19 witnesses out of which only 1 witnesses i.e. the victim has been examined till date, the applicant is in jail since 14.03.2025 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. 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