1 2025:CGHC:20812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2593 of 2025 1 - Sumit Kumar Sonwani S/o Shri Punauram Sonwani Aged About 25 Years R/o Village - Jhariyapali, Tahsil And Police Station - Gharghoda, District : Raigarh, Chhattisgarh ... applicant versus 1 - State Of Chhattisgarh Through S.H.O. Of Police Station - Gharghoda, District : Raigarh, Chhattisgarh ... Respondent(s) For applicant : Mr. Abhishek Saraf, Advocate For Respondent(s) : Mr. Gorelal Uikey, Panel Lawyer S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 06.05.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12.08.2024 in connection with Crime No. 229/2024 registered at P.S. Gharghoda, District- Raigarh (CG) for the offence under Sections 137 (2), 87, 64, 65 of Bhartiya Nyay Sanhita, 2023 (in short “BNS, 2023”) and Section 4 & SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.07 10:45:16 +0530 2 6 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) against the applicant. 2. Pursuant to the order dated 03/04/2025, the father of the victim appeared through virtual mode from DLSA- Raigarh and raised objection in granting bail to the applicant. Their objection is taken on record. 3. The case of the prosecution is that on 06.08.2024, the father of the victim lodged a missing report that his minor daughter is missing since 05/08/2024 and her whereabout could not be traced out. The FIR has been registered for the offence under Section 137 (2) of the B.N.S.S. 2023 and started investigation. On 07/08/2024, the victim herself returned back to her house and then after recording her statement the other offence under Section 87, 64 and 65 of B.N.S. 2023 and Section 4 & 6 of POCSO Act have been added. The applicant is arrested on 12.08.2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant is falsely implicated in the offence. He has not committed any offence with the victim. The victim has gone to the house of her friend and on the suspicion the applicant has been implicated falsely. There is no legally admissible evidence with respect to the age of the victim in the charge-sheet. He would further submit that the victim has been examined before the learned trial Court as PW/1 and has completely turned hostile and not stated anything against the applicant. The applicant is in jail since 12.08.2024 and final adjudication of the case will take its own time, therefore the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the 3 investigation, further considering that the victim has been examined before the learned trial Court and has completely turned hostile and not supported the prosecution’s case, further that the applicant is in jail since 12.08.2024, final adjudication of the case will take its own time, without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby allowed. 8. It is directed that the applicant Sumit Kumar Sonwani 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 concerned trial Court, on following conditions:- (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika