1 2025:CGHC:43017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6333 of 2025 1 - Heera Lal Nishad S/o Shri Chandulal Nishad, Aged About 18 Years, R/o Mudpar Chowki Surgi, Police Station Basantpur District Rajnandgaon Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Purur Distt Balod Chhattisgarh. ... Respondent For Applicant : Mr. Balraj Gupta, Advocate. For State/Respondent : Mr. K. K. Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 25/08/2025 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.20/2025 registered at Police Station -Purur, District Balod (C.G.), for the offence SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.25 17:41:32 +0530 2 punishable under Sections 137(2), 87, 64(2)(M) of the BNS, 2023 and Section 5/6 of POCSO Act, 2012. 2. The prosecution's case, in short, is that the applicant allegedly abducted the victim without the consent of her lawful guardians and established a physical relationship with her. On report being made in this regard by father of the victim, an offence was registered against the applicant, leading to his arrest. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. 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 and her father (complainant) have 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 19.03.2025 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, learned counsel for the State opposed the bail application, submitting that at the time of incident, the victim was minor and the applicant abducted the victim 3 and forcibly committed sexual intercourse with her and during investigation, the victim was recovered from the possession of present applicant. Out of 21 witnesses only 02 have been examined, therefore, at this stage, he may not be enlarged on bail. 5. Today, victim along with her father appeared virtually from the concerned DLSA and raised her no objection in 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 also taking into account that the victim and her father have been examined and turned hostile and today also the victim appeared virtually and raised no objection in granting bail to the applicant, the applicant is in jail since 19.03.2025, out of of 21 witnesses only 02 have been examined till date and the trial is likely to take considerable time to conclude, therefore, 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 4 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.