1 2025:CGHC:34207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4860 of 2025 1 - Birbal Ram @ Pandu Agriya S/o Rudan Agriya Aged About 32 Years R/o Silphili, Madadevpara Police Station- Shankargarh, District- Balrampur- Ramanujganj (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- Shankargarh, District- Balrampur- Ramanujganj (C.G.). ... Respondent For Applicant : Mr. Navneet Kumar Yadav, Advocate. For State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 18/07/2025 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. 164/2024 registered at Police Station Shankargarh, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 137(2), 87, 65(2)(5) of BNS, 2023 and Sections 4 and 6 of POCSO Act. Digitally signed by HEERA LAL SAHU Date: 2025.07.18 18:17:02 +0530 2 2. As per the prosecution’s case, on the date of offence i.e. 12.09.2024, the appellant, who is the son of victim's aunt (Bua) seduced the victim and on pretext of marriage took her along with him to Ambikapur and in the house of Chamru Yadav at village Vishunpur Kurd and committed sexual intercourse with her against her will. On 25.09.2024, the victim was recovered from the possession of the applicant. 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 material witnesses have been examined, who do not support the case of the prosecution. The applicant is in jail since 26.09.2024, 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 applicant committed a heinous offence with a minor girl and the victim was recovered from the possession of the applicant; therefore, at this stage, he may not be enlarged on bail. 5. No one appeared on behalf of the victim, though notice has been served. 6. I have heard learned counsel appearing for the parties and 3 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 26.09.2024, charge sheet has been filed, only 3 witnesses, out of 19 witnesses have been examined till date and the victim has turned hostile, 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