1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5416 of 2025 Gopal Sahu S/o Vishnu Sahu Aged About 20 Years R/o Village- Nanapuri, Police Station - Kunda, District- Kabirdham (C.G.) --- Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Mahila Thana Kawardha, District- Kawardha (C.G.) --- Respondent For Applicant : Mr. Amit Kumar, Advocate For Respondent : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 22.07.2025 1. The victim along with her father appeared before this Court today through virtual mode from the concerned DLSA and expressed 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.15/2025 registered at Police Station Mahila Thana Kawardha, District Digitally signed by BHOLA NATH KHATAI Date: 2025.07.23 10:29:51 +0530 2 Kawardha (CG) for the offence punishable under Sections 64(2) (m), 65(1) of BNS and Sections 4(2) & 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, took her to his house and committed sexual intercourse with her. The victim was taken to the hospital by her parents for treatment and on the report of the hospital doctors, FIR was registered against the applicant for the said offence and he was arrested on 24.03.2025. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She submits that the victim and her parents 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. She further submits that out of total 21 witnesses, only 5 witnesses including the victim and her parents have been examined till date, the applicant is in jail since 24.03.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, 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, due to the said incident she became pregnant and considering the nature of offence, the applicant does not deserve to be released on bail. 3 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 and her parents 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 21 witnesses out of which only 5 witnesses including the victim and her parents have been examined so far, the applicant is in jail since 24.03.2025 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