1 2025:CGHC:33735 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5008 of 2025 Somnath Maithil Kshatriya S/o Khorbahra Aged About 26 Years R/o Village Tilaibhat, P.S. Thelkadih, District Khairagarh Chhuikhadan Gandai Chhattisgarh ... Applicant versus State of Chhattisgarh through the Police Station Thelkadih, District Khairagarh Chhuikhadan Gandai Chhattisgarh ... Respondent For the applicant : Mr. Siddharth Pandey, Advocate For the State : Mr. Pranjal Shukla, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.16/2025 registered at Police Station Thelkadih, District Khairagarh, Chuikhadan-Gandai (CG) for the offences under Sections 137(2), 87, 65(1) of Bharatiya Nyaya Sanhita, 2023 and section 5(l) of /6 of the POCSO Act. 2. The prosecution story, in brief, is that on 27.01.2025 the applicant had taken away the minor girl from the lawful custody of their parents and on the pretext of marriage committed forcible sexual A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.18 11:34:59 +0530 2 intercourse with her and thereafter on 28.01.2025 the girl was recovered from possession of applicant on 3. Learned counsel for the applicant submits that no offence as projected by the prosecution has been committed by the appellant. He submits that there are total 19 witnesses and till date 5 witnesses have been examined, out of which 3 witnesses including the victim, her mother and father have not supported the case of prosecution and they have turned hostile. He submits that the applicant is in jail since 29.01.2025 and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the at the time of incident, the girl was minor and she was recovered from applicant on 28.01.2025. 5. The victim girl along with her father has appeared through VC from the concerned DLSA and recorded no objection to grant of bail. 6. Having considered the submissions made by learned counsel for the parties and the fact that the trial is likely to take time, without observing anything on merits of the case, I am inclined to release him on regular bail at this stage. 7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a bail bond in sum of Rs.25,000/- with one surety in 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 Rao