1 2025:CGHC:51991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8391 of 2025 Sadaram Sahu S/o Baratu Ram Sahu Aged About 35 Years R/o Bharsela New P.S. Balodabazar, District- Balodabazar-Bhathapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Police Station Mahasamund Dist- Mahasamund (C.G.) ... Respondent For Applicant : Mr. Tanuj Patwardhan, Advocate For Respondent/State : Ms. Pragya Pandey, Dy. Govt. Advocate For Complainant/Objector Ms. Anuja Sharma, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 17.10.2025 1. The victim appeared before this Court today and expressed her no-objection in granting bail to the applicant. 2. This is the third bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.179/2025 BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.10.17 16:42:01 +0530 2 registered at Police Station Mahasamund, District Mahasamund (CG) for the offence punishable under Sections 74, 75(2) of BNS, Section 12 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The first bail application of the applicant was dismissed as withdrawn vide order dated 16.06.2025 in MCRC No.4190/2025 and the second bail application was rejected on merits vide order dated 01.09.2025 in MCRC No.6546/2025. 4. As per the prosecution case, the applicant knowing fully well that the victim belongs to SC/ST category, with an intention to outrage her modesty, caught hold her hand, kissed her on cheeks and asked her to satisfy his sexual desires by using obscene words. Subsequently, on the report being lodged in this regard, the applicant was arrested on 26.04.2025. 5. Learned counsel appearing for the applicant submits that the victim and her parents have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim has also given her no-objection in granting bail to the applicant. He further submits that out of total 14 witnesses, only 3 witnesses i.e. the victim and her parents have been examined till date, the applicant is in jail since 26.04.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail. 3 6. Learned state counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and she belongs to SC/ST category and considering the nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her parents have turned hostile, the victim has also given her no-objection in granting bail to the applicant and also considering the fact that there are total 14 witnesses out of which only 3 witnesses i.e. the victim and her parents have been examined so far, the applicant is in jail since 26.04.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 9. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant 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. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. 4 11. Certified copy today. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai