1 2025:CGHC:49719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6786 of 2025 1 - Ramswaroop Dhurve S/o Dharam Singh Dhurve, Aged About 32 Years R/o Village - Daniyajhor, Police Station - Gadhi, District - Balaghat Madhya Pradesh. ... Applicant versus 1 - State of Chhattisgarh Through - Station House Officer, Police Station - Pandatarai, District - Kabirdham (C.G.) ... Respondent(s) For Applicant : Shri Dharmesh Shrivastava, Advocate. For State : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 06.10.2025 1. Pursuant to order dated 02.09.2025, the victim appeared along with her father through virtual mode from the concerned DLSA and submits that they have no objection in granting bail to the applicant. Their submission is recorded. 2. This is second bail application seeking grant of bail to the Applicant who is in jail since 14.02.2025 in connection with Crime No.17/2025 registered at Police Station Pandatarai, District Kabirdham for the offence punishable under Sections 74 & 75 of BNS and Section 7 & 8 of POCSO Act. The first bail application of the applicant was dismissed 2 as withdrawn vide order dated 15.04.2025 in MCrC No.2336 of 2025 with liberty to repeat the same after examination of victim. The victim has been examined on 10.07.2025 and therefore this second bail application has been filed. 3. As per prosecution case, on 31.01.2025 the victim made a written complaint to the police that on 17-18.12.2024 when she was in her house, at about 12 noon, the applicant outraged her modesty. On the report made by the victim, an FIR was registered and the applicant was arrested on 14.02.2025 and charge sheet was filed. 4. Learned Counsel for the applicant would submit that the applicant has been falsely implicated in the offence. The victim is a resident of Mandla, Madhya Pradesh. She came to village Paraswara, Chhattisgarh, along with her parents and other family members for cutting the sugarcane crop. Since there was dispute with respect to some money transaction between the parents, she lodged a report against the applicant on the instance of her parents. He would further submit that the alleged incident is of 17-18th December, 2024 whereas report has been lodged on 31.01.2025 with no explanation for such delay in lodging the report. The victim has been examined before the trial court on 10.07.2025 as PW-2 where she completely turned hostile and not supported the case of prosecution. Therefore, the applicant may be released on bail as final adjudication may take sometime. 5. On the other hand the counsel for the State opposes the bail application. 6. Without commenting on merits, considering the totality of the facts and circumstances of the case, the nature of allegation and evidence 3 collected during investigation, delay in lodging FIR and also considering the fact that applicant has been examined before the trial court as PW-2 where she completely turned hostile and not supported the prosecution’s case, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail. 7. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one local surety of the like sum to the satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial Court, unless exempted from personal appearance by the said Court. 8. It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove. Sd/- (Ravindra Kumar Agrawal) Judge inder