1 2025:CGHC:52232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8076 of 2025 1 - Vinod Kumar Nareti S/o Late Raghuveer Singh Nareti Aged About 28 Years Caste- Gond, R/o Duva, Chowki - Kachhe, Police Station Bhanupratappur, District Uttar Bastar Kanker (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Bhanupratappur, District Uttar Bastar Kanker (C.G.) ... Respondent For Applicant : Mr. Shivendu Pandya, Advocate. For State : Mr. Sachchidanand Yadav, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 27/10/2025 1. This is the first 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. 168/2024 (as per charge sheet) registered at Police Station - Bhanupratappur, District Uttar Bastar Kanker (C.G.), for the offence punishable HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.10.28 10:30:44 +0530 2 under Sections 64(2)(m), 65(1), 70(2), 351(2) of BNS, 2023 and Sections 4 and 6 of POCSO Act (As per charge Sheet) and Sections 64(2)(m), 65(1), 70(2), 351(1) of BNS and Sections 4(2), 5(g) & 6 of POCSO Act (As per charge Framed by the learned Trial Court). 2. As per the prosecution’s case, on 17.08.2024, a written report was lodged by the victim to this effect that on the date of the incident i.e. between 15.08.2024 to 16.08.2024 at about 10:00 PM, the present applicant, along with other co-accused, took her away to the house of another co- accused and committed forceful sexual intercourse with her. Further, it is alleged that after the incident, the present applicant, along with other co-accused, had left the victim at her house, and thereafter repeated the aforesaid incident with her. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the victim has been examined before the Court and has turned hostile. He also submits that another co-accused person, namely, Parasram Komra, has already been granted bail by this Court in MCRC No. 5760/2025 on 08.08.2025; therefore, the present applicant may also be granted the benefit of bail. 3 The applicant is in jail since 21.08.2024, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 4. 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, who supported the case of the prosecution and the FSL report is also positive; therefore, at this stage, he may not be enlarged on bail. 5. The victim and her mother appeared through video conferencing from the concerned DLSA and raised her objection to grant bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that the applicant is in custody since 21.08.2024, 6 witnesses including the victim and the witness of Dakhil Kharij register out of 21 witnesses have been examined till date. Further, looking to the statement of the victim and other witnesses, and the trial is likely to take considerable time, therefore, at this stage, without commenting on the merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed 4 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 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. 9. 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