1 2025:CGHC:39470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5681 of 2025 1 - Himanshu Baghel S/o Domar Singh Baghel, Aged About 19 Years, R/o Village- Dumarpeet, 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/Respondent : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 07/08/2025 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. 59/2025 registered at Police Station - Devbhog, District Gariyaband (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(n) of BNS and Section 4, 6 of POCSO Act. 2. Case of the prosecution, in short, is that the father of the victim lodged a report in Police Station-Devbhog, District-Gariyaband SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.07 16:01:10 +0530 2 (C.G.) alleging that his minor daughter was missing. Based on this report, an offence under Section 137(2), 87, 64(2)(n) of the Bharatiya Nyaya Sanhita (BNS) was registered against unknown persons. During the investigation, the victim has been recovered from the custody of the accused. The allegation against the present applicant is that he has took the victim without the consent of her lawful guardianship and committed sexual intercourse with the victim on false pretext of marriage. Based on this allegation, Section 4, 6 of POCSO has been added and the applicant has been arrested for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. It is further submitted that the victim has voluntarily accompanied the applicant and she was a consenting party, therefore, no offence is made out against the appellant. The victim has been examined and turned hostile, raising no objection in granting bail to the applicant before the trial court. The applicant has no criminal antecedents and has been in jail since 27.03.2025 and the trial is likely to take considerable time to conclude. Therefore, the counsel prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that the victim was recovered from the applicant’s possession and was about 16 years 11 months old at the time of incident. Out of 25 witnesses, only 02 have been examined till date, and several important witnesses remain to be examined. Therefore, at this stage, the applicant may not 3 be released on bail. 5. Today, victim along with her mother appeared virtually and raised her objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that the victim has been examined and turned hostile, the applicant is in jail since 27.03.2025, out of 25 witnesses only 02 have been examined till date and the trial is likely to take considerable time, therefore, at this stage, I find it appropriate 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. 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 Sourabh P.