1 2025:CGHC:49322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7587 of 2025 1 - Shatruhan @ Suraj Kosle S/o Shri Talhan Kosle Aged About 18 Years R/o Village- Koliha, P.S. Lavan, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer- Police Station Bhatapara (Rural) District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Mr. Rahul Agrawal, Advocate. For State : Mr. Sachchidanand Yadav, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 25/09/2025 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. 144/2025 registered at Police Station Bhatapara (Rural), District Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 137(2), Digitally signed by HEERA LAL SAHU Date: 2025.09.25 18:34:25 +0530 2 87, 64 and 65 of BNS, 2023 and Sections 4, 6 of POCSO Act. 2. As per the prosecution’s case, a report was lodged by the complainant to the effect that on the incident date i.e. 06.03.2025, the victim, who was under protection, went somewhere without informing anyone. She was enquired at the relative’s place but could not be found. Therefore, a crime under Section 137(2) of BNS was registered, and investigation was started. During the course of the investigation, statements of the witnesses were recorded, and the victim was recovered from the possession of the applicant on 07.03.2025, and statement was recorded in which she stated that the accused lured her, promised to marry her and had made physical relations with her. Based on this, offence has been registered against the present applicant. 3. The first bail application of the applicant was dismissed as withdrawn on 26.06.2025 in MCRC No. 3969/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there are a total of 17 listed witnesses in this case, out of which 3 witnesses i.e. the victim, her grandmother and her elder father, have been examined who turned hostile and do not support the 3 case of the prosecution. The applicant is in jail since 08.03.2025, and the trial is likely to take considerable time to conclude. Therefore, the applicant may be released on bail. 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, therefore, at this stage, he may not be enlarged on bail. 6. The victim, along with her grandmother is appeared through video conferencing from the concerned DLSA and recorded 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 the victim, her grandmother and elder father have been examined before the trial Court who turned hostile, the applicant is in custody since 08.03.2025, 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 4 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. 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