1 2025:CGHC:40813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5961 of 2025 1 - Radheshyam Gupta S/o Late Kripashankar Gupta Aged About 35 Years R/o Village Lakhanpur, P.S. Lakhanpur, District Surguja C.G. 2 - Smt. Surajpati W/o Mahesh Paikra Aged About 26 Years R/o Village Losgi, P.S. Lakhanpur, District Surguja C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Lakhanpur, District Surguja C.G. ... Respondent For Applicants : Ms. Seema Verma, 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 applicants. 2. The applicants have preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they are arrested in connection with crime No. 81/2025, registered at Police Station – Lakhanpur, District- Surguja (C.G.) for offence punishable under Sections 137(2), 87, 65(1), 64 (1) of BNS, Section 3(2)(v) of SC ST Act and Section 4 (2) / 3 (क) of the POCSO Act, 2012. 3. There are total 3 accused persons in this case. The prosecution's case, in short, is that the applicants have committed sexual intercourse with the victim who was aged about 16 years at the time of incident, belongs SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.14 10:31:28 +0530 2 to scheduled tribe and was pregnant. Based on above, offence has been registered against the applicants. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. The victim and her grand-mother have examined before the Trial Court and they have turned hostile. She further submits that the applicants are in jail since 11.04.2025, 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 applicants 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, her FSL report is also positive. He further submits that the applicant No.1 has 3 criminal antecedents of excise matter, therefore, looking to the nature of offence, the applicants 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 applicants 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 applicants. 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 applicants on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- each with one solvent surety for the like sum to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham