1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7719 of 2025 1 - Dinu Kumar Dhruv S/o Sanat Dhruv Aged About 24 Years R/o Gram Dhaorabhata, P.S. Hirri, District Bilaspur Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Hirri, District Bilaspur Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Ankit Singh, Advocate. For Non-applicant(s) : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 28/10/2025 1. Pursuant to the order dated 24.09.2025, the victim and her father appeared in person before this Court and submitted that they have no objection in granting bail to the applicant, their submission is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 08.07.2025 in connection with Crime No. 178/2025 registered at Police Station Hirri, District Bilaspur (C.G.) for the offence under Sections 65(1), 74, 127(2), 296, 351(3), 115(2) and Section 7/8, 3/4(2) of POCSO Act. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.10.28 17:55:16 +0530 2 3. The case of the prosecution is that on 08.07.2025, the victim lodged a report against the applicant that on 07.07.2025 when she was in her house, the applicant entered into her house and after removing her clothes committed rape upon her after closing the door from inside. When her family members knocked the door he did not open the door and gagged her mouth due to which she could not raise her alarm. After a long time when her family members left the place, then the applicant open the door and fled away. On the report made by the victim the FIR under Section 74, 127(2), 296, 351(2) of BNS, 2023 and Section 8 of POCSO Act have been registered. After recording statement of the victim the other offences of Section 115(2), 296, 351(3) and 65(1) of BNS 2023 and Section 7/8, 3/4(2) of POCSO Act have been added. The applicant has been arrested on 08.07.2025 and charge- sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major girl which has been proved by the ossification report in which doctor has opined her age in between 16-18 years. There was a dispute the amount received by the father of the applicant against the acquisition of their land and at that time father of the victim have assisted the father of the applicant in receiving the said amount and he expected that the father of the applicant would pay some amount to him also and when the amount has not been paid to him, to create pressure upon him he lodged the report through his daughter and the father of the victim made her instrumental. He would further submits that the victim has been examined before the learned trial Court as PW-1 and she has not supported the prosecution case and turned hostile. The applicant is in jail since 08.07.2025, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and submitted that there is sufficient allegation against the applicant in the report as well as statement of the witnesses that he committed rape upon the victim. There is 3 criminal antecedents against the victim for the offence under Section 36(A) of the Chhattisgarh Excise Act, therefore, he is not entitled for bail. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering that the victim has been examined before the learned trial Court as PW-1 and has turned hostile and not supported the prosecution case, the age of the victim has opined in the ossification test report and also that the applicant is in jail since 08.07.2025 and final adjudication of the case will take its own time, without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Dinu Kumar Dhruv for grant of regular bail is hereby allowed. 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 concerned trial Court, on following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok