1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5005 of 2025 Vikas Tandan S/o Santram Tandan Aged About 19 Years R/o Village - Bhatiya, PS Kharora, Raavabhaataa, Ajaad Nagar, PS Khamtarai Raipur, (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Khamtarai, District- Raipur (C.G.) ... Respondent/State For Applicant : Ms. Sejal Makkad, Advocate, along with Mr. Aniket Dumbhare, Advocate For Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 28.07.2025 1. The victim along with her father appeared before this Court on 16.07.2025 through VC from the concerned DLSA and submitted their no-objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.205/2025 Digitally signed by BHOLA NATH KHATAI Date: 2025.07.28 18:33:04 +0530 2 registered at Police Station Khamtarai, Raipur (CG) for the offence punishable under Sections 64, 351(3) of BNS and Section 4 of Protection of Children from Sexual Offences Act. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, committed sexual intercourse with her on the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 25.02.2025. 4. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in this case as the sister of the victim had eloped with the applicant. He submits that the victim and her mother have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her father have also given their no- objection in granting bail to the applicant. He further submits that out of total 16 witness, only 2 witnesses i.e. the victim and her mother have been examined till date, the applicant is in jail since 25.02.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and 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. 3 7. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her mother have turned hostile, the victim and her father have also given their no- objection in granting bail to the applicant and also considering the facts that there are total 19 witnesses out of which only 2 witnesses i.e. the victim and her mother have been examined so far, the applicant is in jail since 25.02.2025 and there is all possibility of the trial taking considerable time 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