1 2025:CGHC:39471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5724 of 2025 1 - Dilip Sonwani @ Prince S/o Lala Sonwani, Aged About 26 Years, R/o Village- Bandhiyachuan, Thana Ambikapur, District- Surguja C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Ambikapur, District- Surguja C.G. ... Respondent For Applicant : Mr. Khilendra Sahu, Advocate on behalf of Mr. Rajendra Patel, Advocate. For State/Respondent : Ms. Priya Sharma, 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. 127/2025 registered at Police Station - Ambikapur, District Surguja (C.G.), for the offence punishable under Sections 137(2), 64(2) of BNS and Section 04 & 06 of the POCSO Act, 2012. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.07 16:01:09 +0530 2 2. The case of the prosecution, in short, is that on 27.02.2025, the applicant has abducted the victim without the consent of her lawful guardianship and made physical relationship with her. On report being made in this regard by uncle (fufa Ji) of the victim, an offence has been registered against the applicant and he was arrested for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, with no connection to the alleged offense. 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 01.03.2025 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, the learned counsel for the State opposed the bail application, submitting that at the time of incident, the victim was a minor and, according to the MLC report, the doctor opined that there were internal injuries and redness, and the FSL report was also positive. There are total 24 witnesses out of which only 01 has been examined till date, at this stage, the applicant should not be granted bail. 5. Today, victim along with her uncle (fufa ji) appeared virtually from the concerned DLSA and raised her no objection in 3 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 taking into account the fact that the victim has been examined and turned hostile, and has today appeared virtually with her uncle (fufa ji), recorded her no objection in granting bail to the applicant, coupled with the fact that out of 24 witnesses, only 01 has been examined till date, the applicant has been incarcerated since 01.03.2025, and the trial is likely to take considerable time to conclude, 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.