1 2025:CGHC:33389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4858 of 2025 1 - Dev Kumar Sahu S/o Late Ghasi Ram Sahu Aged About 31 Years R/o Village Aadil, Malkharauda, Police Station Malkharauda, District Sakti (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Malkharauda, District Sakti (C.G.). ... Respondent For Applicant : Mr. Deepak Kumar Singh, Advocate. For State : Ms. Sunita Manikpuri, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16/07/2025 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. 336/2024 registered at Police Station Malkharauda, District Sakti (C.G.), for the offence punishable under Section 74 of BNS, 2023 and Section 3(2) (v) of SC & ST (Prevention of Atrocities) Act and Sections 8, Digitally signed by HEERA LAL SAHU Date: 2025.07.16 17:05:01 +0530 2 10 of POCSO Act. 2. As per the prosecution’s case, on 27.12.2024, the mother of the victim lodged a written complaint alleging therein that on 26.12.2024, the applicant molested her minor daughter, who is 13 years old, during tuition classes in his house by touching her (victim) chest with bad intention. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that 2 witnesses victim and the mother of the victim, out of 13 witnesses have been examined. The applicant is in jail since 28.12.2024, charge sheet has been filed, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the victim has supported the case of the prosecution in her statement recorded under Section 161, 164 of Cr.P.C.; therefore, at this stage, he may not be enlarged on bail. 5. The victim along with her mother, appeared through video conferencing from the concerned DLSA and raised their objection to grant bail to the applicant. 3 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that the applicant is in custody since 28.12.2024, charge sheet has been filed, only 2 witnesses, the victim and the mother of victim out of 13 witnesses have been examined till date, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined 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. 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 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 H.L. Sahu