1 2025:CGHC:39474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5768 of 2025 1 - Netram Sahu @ Netu S/o Kumar Ram Sahu Aged About 22 Years R/o Tamasivni, Ward No. 12, Indira Chowk, P.S. Arang District - Raipur (C.G.). … Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Rajim, District- Gariyaband, (C.G.). ... Respondent For Applicant : Mr. S.P. Sahu, Advocate. For State : Mr. Karan Baharani, 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. 113/2025 registered at Police Station Rajim, District Gariyaband (C.G.), for the offence punishable under Sections 137(2), 87, 96, 64(2)(M), 81 of BNS, 2023 and Sections 4 and 6 of POCSO Act. 2. As per the prosecution’s case, the father of the victim Digitally signed by HEERA LAL SAHU Date: 2025.08.07 16:56:21 +0530 2 lodged a missing report that on 23.04.2025, the victim had gone somewhere from her house without any information. On the said report, an FIR was lodged, and during the course of the investigation, the victim was recovered from the house of the applicant, and the facts of the sexual intercourse with the minor victim came into light. 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 in this case, there are 20 witnesses out of which only one witness i.e. victim, has been examined till date, who does not support the case of the prosecution. The applicant is in jail since 27.04.2025, 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 and the victim was recovered from the house of the applicant, FSL report is positive; therefore, at this stage, he may not be enlarged on bail. 5. The victim along with her father, is present in person before this Court and raised their objection to grant bail to the 3 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 and also considering the fact that the applicant is in custody since 27.04.2025, only 1 witness i.e. the victim, out of 20 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