1 2025:CGHC:38744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5670 of 2025 1 - Bhuvendra Sinha S/o Brijlal Sinha Aged About 22 Years R/o Nayapara, Chheldongri, Police Station Devbhog, District Gariyaband (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Devbhog, District Gariyaband (C.G.) ... Respondent For Applicant : Mr. Shivendu Pandya, Advocate. For State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 05/08/2025 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. 19/2025 registered at Police Station Devbhog, District Gariyaband (C.G.), for the offence punishable under Sections 331(4), 74, 87, 64(2)(M) of BNS, Digitally signed by HEERA LAL SAHU Date: 2025.08.05 16:41:27 +0530 2 2023 and Sections 4, 6 & 12 of POCSO Act. 2. As per the prosecution’s case, on the date of offence i.e. 13.01.2025, on pretext of marriage the applicant committed sexual intercourse with the minor victim. 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 a false report has been lodged by the father of the victim. He also submits that the applicant is in jail since 14.01.2025, only one witness, i.e. the victim out of 16 witnesses, has been examined till date, who has not supported the case of the prosecution, 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; therefore, at this stage, he may not be enlarged on bail. 5. The victim and her mother appeared through video conferencing from the concerned DLSA. The mother of the victim objected to granting bail to the applicant; however, the victim did not object to the bail being granted to the applicant. 3 6. I have heard learned counsel appearing for the parties and 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 14.01.2025, only 1 witness i.e. the victim, out of 16 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