1 2025:CGHC:57607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9335 of 2025 Kanha Sahu S/o Rajesh Sahu Aged About 19 Years, R/o Nayapara, Police Station- Sirgitti, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Of Police Station- Sirgitti, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Kanhaiya Ram Yadav, Advocate For Respondent/State : Mr. Afroz Khan, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 26.11.2025 1. The victim along with her father appeared before this Court today and expressed their 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 No.290/2024 registered at Police Station Sirgitti, District Bilaspur (CG) for the offence punishable under Sections 363, 366, 376(2) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.11.27 11:08:49 +0530 2 (n) of IPC and Sections 4 & 6 of 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 11.06.2025 in MCRC No.2950/2025. 4. 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 on 07.04.2024 and committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 12.09.2024. 5. Learned counsel appearing for the applicant submits that 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 and her father have also given their no- objection in granting bail to the applicant. The age of the victim is not proved and she is a consenting party. He further submits that out of total 17 witness, only 7 witnesses including the victim and her parents have been examined till date, the applicant is in jail since 12.09.2024 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, therefore, her consent is of no relevance/consequence. He further submits that the victim has supported the case of 3 prosecution and considering the nature of offence, the applicant does not deserve to be released on bail. 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 given their no-objection in granting bail to the applicant and also considering the fact that there are total 17 witnesses, out of which only 7 witnesses including the victim and her parents have been examined so far, the applicant is in jail since 12.09.2024 i.e. about 1 year 2 ½ moths and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that prima facie, 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