1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5136 of 2025 Rohit Yadav S/o Heeralal Yadav Aged About 19 Years R/o Village Mohrenga, P.S. Kharora, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kharora, District Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. C. R. Sahu, Advocate For Respondent/State : Mr. Vivek Sharma, P.L. For Objector : Mr. Rekhraj Baghel, Advocate & Mr. Lomendra Kumar Bharti, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 17.07.2025 1. The victim and her parents appeared before this Court today. The victim expressed her no-objection in granting bail to the applicant whereas her parents 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.31/2025 registered at Police Station Kharora, District Raipur (CG) for the Digitally signed by BHOLA NATH KHATAI Date: 2025.07.18 13:58:40 +0530 2 offence punishable under Sections 332(2), 137(2), 64(2)(m) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 16.01.2025. 4. Learned counsel appearing for the applicant submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. The victim has also given her no-objection in granting bail to the applicant. He further submits that out of total 17 witness, only 1 witness i.e. the victim has been examined till date, the applicant is in jail since 16.01.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, 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, the MLC report is also positive 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 fact that the victim has turned hostile, she 3 has also given her no-objection in granting bail to the applicant and also considering the fact that out of total 17 witnesses, only 1 witness i.e. the victim has been examined so far, the applicant is in jail since 16.01.2025 and there is all possibility of the trial taking considerable time for 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) Khatai JUDGE