1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7742 of 2025 1 - Deepak Sao @ Pradip Sao S/o Jawahar Sao Aged About 27 Years R/o Kamalpur P.S. Biroul District- Darbhanga (Bihar) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Kosir, Sarangarh-Bilaigarh (Chhattisgarh) ... Respondent For Applicant : Mr. Siddhant Tiwari, Advocate For Respondent : Mr. Sachidanand Yadav, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 24.09.2025 1. Heard on admission. 2. Admit. 3. The victim appeared before this Court today and expressed her no-objection in granting bail to the applicant. 4. Also heard on the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the second bail application for grant of regular bail to the applicant who has been arrested in connection with Crime No.20/2021 registered at Police Station 2 Kosir, Sarangarh-Bilaigarh (CG) for the offence punishable under Sections 363, 366, 376 and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 5. The first bail application was dismissed as withdrawn vide order dated 20.08.2025 in MCRC No.6257/2025. 6. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents, took her to various places and had sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 30.06.2025. 7. Learned counsel appearing for the applicant submits that the victim was a consenting party as there was a love affair between them and she went with the applicant of her own will. He submits that the applicant and the victim had got married and were living as husband and wife and they also have two children. He submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. The victim has also given her no-objection in granting bail to the applicant. He further submits that there are total 20 witnesses, out of which only one witness i.e. the victim has been examined till date, the applicant is in jail since 30.06.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail. 8. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, therefore, her consent is of no relevance/consequence and considering the nature of offence, the applicant does not deserve to be released on bail. 9. Heard learned counsel for the parties and perused the case diary. 3 10. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and the fact that the victim has also given her no-objection in granting bail to the applicant, there are total 20 witnesses out of which only the victim has been examined so far, the applicant is in jail since 30.06.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 11. Accordingly, the application for grant of bail is allowed. It is directed that the present 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 concerned 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 Court till completion of the trial. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE