1 / 4 2025:CGHC:55141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7985 of 2025 Sanjay Patle S/o Shri Kamlesh Patle Aged About 19 Years At- Village Telasi P/s Gidhpuri, District- Balodabazar- Bhatapara (C.G.) Present At -Village Mungadi, Panchayat Siltara P.S. Dharsiwa District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P/s Dharsiwa District - Raipur (C.G.) ... Respondent For Applicant : Mr. Lukesh Kumar Mishtra, Advocate through V.C. assisted by Mr. Manoj Kumar Yadav, Advocate For State /Respondent : Ms. Priya Sharma, Panel Lawyer (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/11/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 13/07/2025 in connection with Crime No. 331/2025, registered at Police Station Dharsiwa, District Raipur, C.G. for the offence punishable under Sections 65(1) BNS r/w 4(2) of the POCSO Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.11.13 15:24:42 +0530 2 / 4 2. The case of the prosecution in brief is that the father of the prosecutrix loodged a written complaint on 12/07/2025 alleging that her daughter has informed him that the applicant has committed rape with her on 02/07/2025. On such complaint the subject FIR was registered and during investigation the applicant was arrested on 13/07/2025. 3. Learned counsel for the applicant would submit that the prosecutrix was medically examined in which the doctor has opined that there was no external and internal injury over the body part of the prosecutrix. He would next contend that the prosecutrix and her father have been examined before the trial Court and they have not supported the case of the prosecution and they have specifically narrated that they have never met the applicant. He would next contend that the prosecutrix has also admitted in her examination in chief that she was never subjected to sexual intercourse. He would lastly contend that the applicant who is a very young boy aged about 19 years is in jail since 13/07/2025, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. Victim along with her father appeared through V.C. from DLSA Raipur and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perused the statement of the father of the victim PW-2 wherein he has stated that nothing has been done with the prosecutrix and he has completely disowned the happening of the incident and the similar statement has been given by the prosecutrix PW-1. Considering the 3 / 4 same that the prosecutrix and father of the prosecutrix have stated that nothing has been done with the prosecutrix and also gave their no objection for grant of bail to the applicant, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 8. Let applicant Sanjay Patle involved in Crime No.331/2025, under Sections 65 (1) of the B.N.S. read with Section 4(2) of POCSO Act, police station Dharsiwa, District Raipur, C.G., be released on bail on his furnishing a personal bond with one surety in like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) the applicant shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS, 2023 is issued and the applicant fails to appear before the Court on the date fixed in such 4 / 4 proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 2023. (iv) The applicant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS 2023. If in the opinion of the trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu