Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51430
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8009 of 2025 Suraj Yadav S/o Shri Heeraram Yadav Aged About 23 Years R/o Village - Aworai, Thana - Kasdol, Distt.- Balodabazar-Bhatapara (C.G.) (Yadu Mentioned In Trial Court Order)
... Applicant versus The State of Chhattisgarh through Station House Officer, Police Station Kasdol, Distt.- Balodabazar-Bhatapara (C.G.) ... Respondent For the applicant : Mr. Sunil Sahu, Advocate. For the State : Mr. Deepak Kumar Singh, Panel Lawyer For the objector : Mr. Vidya Bhushan Soni, Advocate. (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. 168/2025 registered at Police Station Kasdol, District Balodabazar-Bhatapara (CG) for the offences under Sections 74, 331(2) of BNS, 2023 and Section 8 of the POCSO Act. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.10.16 10:14:06 +0530
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2. The first bail application i.e., M.Cr.C.No. 3790 of 2025 stood dismissed on 12.06.2025.
3. The prosecution story in brief is that on 11.03.2025 in the night when the victim girl was sleeping at about 11.30 p.m., the accused entered into her room, caught hold of her arms with an intention to outrage her modesty and when she raised voice, her brother came there and shouted at the applicant and immediately thereafter the matter was informed to the villagers and Police.
4.
Learned counsel for the applicant submits that the victim has been examined wherein she has not clearly supported the case of prosecution. He refers to para 7 of the court statement of victim and submits that she herself has admitted the fact that her marriage was fixed with the accused/applicant and after fixing the marriage date, she stayed in the house of accused for one month and at para 8 she has expressed her dissent though her family members forced to file report against the applicant. He further submits that though the victim is shown to be minor, yet the evidence of correct age has not been proved. He next submits that the applicant is in custody since 02.04.2025 and till date out of a total 11 witnesses, only 4 have been examined and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail.
5. Per contra, learned State Counsel opposes the bail application and submits that the trial is in progress and at the time of incident, the victim was minor.
6. The victim has also raised objection through her counsel regarding grant of bail.
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7. Having considered the submissions made by learned counsel for the parties and further looking to the statement of the victim as also 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, at this stage,
8. Accordingly, the bail application is allowed and the applicant Suraj Yadav 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