1 2025:CGHC:27018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4300 of 2025 Sewaram Badhai S/o Budheram Badhai Aged About 27 Years R/o Village- Ranatola, Police Station - Gotatola, District- Mohla-Manpur-Ambagarh Chowki (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station - Gotatola, District- Mohla-Manpur-Ambagarh Chowki (C.G.) --- Respondent For Applicant : Mr. Punit Ruparel, Advocate For Respondent/State : Mr. Karan Kumar Bahrani, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 23/06/2025 1. The victim along with her mother appeared through virtual mode from concerned DLSA before this Court today and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as they are arrested in connection with crime No. 19/2024, registered Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.23 17:38:34 +0530 2 at Police Station – Gotatola, District- Mohla-Manpur-Ambagarh Chowki (C.G.) for offence punishable under Sections 64, 137(2), 332(B), 351(3) of BNS and Section 4 of the POCSO Act, 2012. 3. As per prosecution story, the mother of the prosecutrix made written complaint on 15.09.2024 against the applicant stated that on 04.09.2024 while she is went to her father's house for celebrating Tija festival at that on 14.09.2024 while she was returning to her matrimonial house at the same time her minor daughter stated that on 13.09.2024 she went to boaring for taken water, the applicant taken her in his house and committed rape upon her, the prosecutrix is aged about 17 years at the relevant time, her date of birth is 06.08.2007 while the incident took place on 13.09.2024, upon the said allegation the FIR has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim was involved into the relation with the applicant, she was a consenting party and due to failure in relationship, she levelled the false allegations against the applicant. The applicant is in jail since 15.09.2024, out of 25 prosecution witnesses, only 2 have been examined till date and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution, particularly considering that the victim has been turned hostile before the Trial Court and further considering the detention period of the applicant and the fact that the trial is likely to take some time to be finalized, in view of above, without further commenting on other merits of the case, at this stage, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is Allowed. 3 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham