1 2025:CGHC:57845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9210 of 2025 Sahil Kumar @ Bhola S/o Jitendra Kumar Aged About 19 Years R/o Punjabi Mohalle, Ghuddeva, Thana Bankimongra, District : Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Police Station- Bankimongra, District : Korba, Chhattisgarh ... Respondent For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent/State : Mr. G. L. Uikey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 27.11.2025 1. The victim appeared before this Court today through video conferencing from the concerned DLSA and expressed her no- objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.11.28 12:08:14 +0530 2 No.43/2025 registered at Police Station Bankimongra, District Korba (CG) for the offence punishable under Sections 64(2)(m) & 69 of BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 3. The first bail application of the applicant was rejected on merits by this Court vide order dated 14.08.2025 in MCRC No.5867/2025. 4. As per the prosecution case, the applicant knowing fully well that the victim was a minor, repeatedly committed sexual intercourse with her on the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 09.05.2025. 5. Learned counsel appearing for the applicant submits that now the victim and her father have been examined before the trial Court and they have 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 out of total 24 witness, only 2 witnesses i.e. the victim and her father have been examined till date, the applicant is in jail since 09.05.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and the applicant on the pretext of marriage committed the said offence. Therefore,considering the nature of offence, the applicant does not deserve to be released on bail. 3 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her father have been examined before the trial Court and they have turned hostile, the victim has also expressed her no-objection in granting bail to the applicant and also considering the fact that there are total 24 witnesses, out of which only 2 witnesses i.e. the victim and her father have been examined so far, the applicant is in jail since 09.05.2025 and there is all possibility of the trial taking considerable time for its conclusion and in the chance of circumstances, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 9. 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. 10. 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