Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:33391
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5030 of 2025 Ashok Kumar Suryavanshi S/o Late Jwala Prasad Suryavanshi Aged About 35 Years R/o Village Muru, P.S. Hirri, District Bilaspur, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Hirri, District Bilaspur, Chhattisgarh.
... Respondent For Applicant : Mr. Santosh Bharat, Advocate, along with Mr. Vikash Shrivastava, Advocate For Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board 16.07.2025
1. The victim along with her grandmother appeared before this Court today and objected 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.86/2025 Digitally signed by BHOLA NATH KHATAI Date: 2025.07.17 14:20:54 +0530
2 registered at Police Station Hirri, District Bilaspur (CG) for the offence punishable under Sections 75(1), 331(3), 351(2) of BNS and Sections 8 & 12 of POCSO Act.
3. As per the prosecution case, on 19.03.2025, the applicant came to the house of the minor victim, caught hold her from behind and tried to sexually assaulted/harassed her. When the victim shouted loudly, the applicant ran away threatening to kill her if she told anyone about the incident. On report being lodged in this regard, the applicant was arrested on 26.03.2025.
4. Learned counsel appearing for applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that charge sheet has been filed, there are total 15 witnesses, the applicant is in jail since 26.03.2025, trial has not commenced and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail.
5. Learned 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.
7. Taking into consideration the entire facts and circumstances of the case, particularly the facts that charge sheet has been filed, the trial has not commenced, the applicant is in jail since 26.03.2025 and there is all possibility of the trial taking considerable time for
3 its 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) JUDGE Khatai