1 2025:CGHC:49677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7734 of 2025 1 - Vikas Lahre S/o Late Chhatram Lahre, Aged About 25 Years, R/o Mandalpara Bazar Chowk Kosir, Thana Kosir, District- Sarangarh-Bilaigarh (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer- Kosir, District- Sarangarh-Bilaigarh (C.G.). ... Respondent For Applicant : Mr. Abhishek Saraf, Advocate For State/Respondent : Mr. Sacchidanand Yadav, P.L. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 06/10/2025 1. This is 02nd Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.65/2025 registered at Police Station Kosir, District Sarangarh- Bilaigarh (CG) for the offences under Sections 376(3), 376(2-N), 305 of IPC and sections 3/4(2), 5(1/6), 5(J)(ii)/6 of the POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.10.07 11:11:11 +0530 2 2. The first bail application of the applicant was rejected on merits by this Court on 22.07.2025 in MCRC No.5577/2025. 3. The prosecution story in brief is that the applicant had often committed forcible sexual intercourse with the minor girl below the age of 16 years on multiple occasions from the year 2022, as a result of which, the victim became pregnant and gave birth to a baby boy on 20.03.2023. The birth certificate of the said child has also been seized from the applicant, in which the date of child is mentioned as 20.03.2023, Thereafter during the stay of the victim in the house of the accused, the applicant and his mother (now expired) physically and mentally harassed the victim and abetted her to commit suicide due to which the victim hanged herself in the residence of applicant on 17.05.2024 and died on 18.05.2024 in Medical College, Raigarh. 4. Learned counsel for the applicant submits that no offense has been committed by the applicant as projected by the prosecution, and he has been falsely implicated in this case. During the trial, material witnesses PW-2 (mother of the deceased), PW-5 (elder sister of the deceased), and PW- 6 (relative of the deceased) have been examined and have turned hostile, not stating anything against the applicant. Furthermore, when the first bail application of the applicant was decided, only 3 witnesses were examined, 3 but till date, out of 24 prosecution witnesses, 9 witnesses have already been examined. Given that the applicant has been in jail since 27.03.2025, and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail. 5. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the girl was minor and some important witnesses remained to be examined. 6. The mother of the deceased/victim has appeared through VC from the concerned DLSA and she has not raised any objection regarding grant of bail. 7. Having considered the submissions made by the learned counsel for the parties, and upon examining the facts and circumstances of the case, the material available on record, including the Court statements of the witnessess, and taking into account that the mother of the deceased/victim appeared virtually and raised her no objection in granting bail to the applicant, coupled with the fact that out of 24 witnesses, 9 have been examined till date, and the applicant has been incarcerated since 27.03.2025, and the trial is likely to take considerable time to conclude, I find it appropriate to release the applicant on bail at this stage. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his 4 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. 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 Sourabh P.