1 2025:CGHC:32415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4533 of 2025 1 - Jaleshwar Khandekar S/o Adal Sai, Aged About 20 Years, R/o Village- Jajgi, P.S.- Lakhanpur, District Sarguja, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O., P.S.- Udaipur, District Sarguja, Chhattisgarh. ... Respondent For Applicant : Mr. Gopal Swaroop Gupta, Advocate. For State/Respondent : Mr. Vikas Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11/07/2025 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. 265/2024 registered at Police Station - Udaipur District Sarguja (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 5(1), 6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.12 12:58:21 +0530 2 2. Case of the prosecution, in brief, is that the the father of the victim lodged a complaint on 28.12.2024, stating that his daughter went to the market with her friends and did not return home. It is further alleged in the FIR that the present applicant has influenced and has ran away with his minor daughter and committed sexual intercourse with her. On the basis of said complaint, FIR was registered and the applicant was arrested. 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 and her mother turned hostile during examination. The applicant has no criminal antecedents and he is in jail since 29.12.2024 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 at the time of incident, the victim was minor, out of 17 witnesses only some 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. Despite service of notice, victim is not appeared before this Court. 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 3 and gravity of the offence, and also taking into account that victim and her mother have turned hostile during examination. Today also she not appeared despite service of notice. The applicant is in jail since 29.12.2024, out of 17 witnesses only some 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.