Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51429
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7961 of 2025 Ramesh Sidar S/o Kisan Sidar Aged About 22 Years R/o Village Tikrapara Nagarda, District : Sakti, Chhattisgarh
... Applicant versus State of Chhattisgarh through Police Station Bamhinidih, District : Janjgir- Champa, Chhattisgarh
... Respondent For the applicant : Mr. Priyank Rathi, Advocate For the Respondent : Mr. Deepak Kumar Singh, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 15.10.2025
1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.70/2024 registered at Police Station Bamhinidih, District Janjgir Champa (CG) for the offences under Sections 133(2), 87, 64(2)(d) of BNS 2023, and sections 4 & 6 of the POCSO Act.
2. The first bail application i.e., M.Cr.C.No. 3352 of 2025 stood dismissed on 30.06.2025.
3. The victim could not be served notice as she had gone outside for earning her livelihood. No objection was raised for grant of bail to the applicant while hearing the first bail application. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.10.15 17:43:21 +0530
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4. The prosecution story in brief is that the applicant knowing well the fact of victim being minor took away her from the lawful custody of her parents and committed sexual intercourse with her. On a report being filed by the mother of victim, the police started investigation and during investigation, the victim was recovered from the possession of the applicant.
5.
Learned counsel for the applicant submits that the victim and her mother have been examined and they have not supported the case of prosecution and become hostile. He next submits that the age of the victim has been shown to be 20 years in the statement of the victim and she was a consenting party. He next submits that the applicant is in custody for more than a year as he was arrested on 21.09.2024 and till date out of a total 27 witnesses, only 5 have been examined and there is no immediate possibility of disposal of case, therefore, looking to the delay in trial the applicant may be enlarged on bail.
6. Per contra, learned State Counsel opposes the bail application and submits that the trial is in progress.
7. Having considered the submissions made by learned counsel for the parties and the fact that the trial is likely to take time, without observing anything on merits of the case, I am inclined to allow this bail application.
8. Accordingly, the bail application is allowed and the applicant is
directed to be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules.
Sd/- (Sanjay Kumar Jaiswal) Judge Rao