1 2025:CGHC:39475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5782 of 2025 1 - Ajay Khunte S/o Laxminarayan Khunte Aged About 26 Years R/o Bhoyna, P.S. Arjuni, District Dhamtari, C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Keregaon, District- Dhamtari, C.G. ... Respondent For Applicant : Mr. Prasoon Agrawal, 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 second 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. 12/2025 registered at Police Station Keregaon, District Dhamtari (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(M) of BNS, 2023 and Section 6 of POCSO Act. 2. As per the prosecution’s case, a written report was made by Digitally signed by HEERA LAL SAHU Date: 2025.08.07 16:56:22 +0530 2 the father of victim on 04.05.2025 that his daughter was found missing since 01.05.2025 thereafter on 12.05.2025 she was recovered from the possession of the applicant and on inquiry she had revealed that the applicant had enticed her away from the lawful custody of her parents and committed forcible sexual intercourse with her on multiple occasions on the pretext of marriage due to which she became pregnant. Based on this, offence has been registered against the present applicant. 3. The first bail application of the applicant was dismissed on merit on 08.07.2025 in MCRC No. 4424/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits after rejection of the first bail application, the victim, mother and father of the victim have been examined who turned hostile and do not support the case of the prosecution. The applicant is in jail since 12.05.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 5. 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 supported the case of the prosecution in her 3 statement recorded under Section 180 of BNSS. He further submits thatthe MLC report shows that the victim was carrying a pregnancy of 3 months; therefore, at this stage, he may not be enlarged on bail. 6. The victim along with her mother, appeared through video conferencing from the concerned DLSA and recorded their no objection to grant bail to the applicant. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case and also considering the fact that after dismissal of the first bail application, out of 18 listed witnesses, the victim, mother and father of the victim have been examined before the trial Court, who have turned hostile and do not support the case of the prosecution, the applicant is in custody since 12.05.2025, 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. 9. 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 4 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. 10. 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