1 2025:CGHC:40812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5865 of 2025 Ravi Kumar Rajwade S/o Shivram Rajwade Aged About 25 Years R/o Village Kosga Charpara, P.S. Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent For Applicant : Mr. Dashrath Kushwaha, Adv. For Respondent/State : Mr. Karan Kumar Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13/08/2025 1. The victim along with her grand-mother appeared virtually from concerned DLSA before this Court today and recorded ‘no objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of BNSS 2023 for grant of regular bail as he is arrested in connection with crime No. 81/2025, registered at Police Station – Lakhanpur, District- Surguja (C.G.) for offence punishable under Sections 64(1), 64 (2)(h)(i), 55, 62(2), 3(5) of BNS, Section 3(2)(v) of SC ST Act and Section 5 (च)/6 of the POCSO Act, 2012. 3. There are total 3 accused persons in this case. The prosecution's case, in short, is that the applicant committed sexual intercourse more than once with the victim who was aged about 16 years at the time of incient and belongs to scheduled tribe, due to that she became pregnant. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The victim and SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.14 10:31:29 +0530 2 her grand-mother have examined before the Trial Court and they have turned hostile. There was a love affair between the applicant and the victim and she was a consenting party. He further submits that the victim herself joined the company of the applicant on her own free will. Further, the applicant is in jail since 18.05.2025, out of 26 prosecution witnesses only 2 have been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, due to the above act of the applicant, the victim became pregnant and her FSL report is also positive. He further submits that the applicant has 1 criminal antecedent of same nature, therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant and the fact that victim and her grand-mother have been turned hostile before the Trial Court, today also they appeared before this Court and recorded ‘no objection’ in granting bail to the applicant. Furthermore, as stated, out of 26 prosecution witnesses only 2 have been examined till date and the that trial is likely to take time to be finalized, without further commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham