1 2025:CGHC:53658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7808 of 2025 • Gopichand Sonker @ Golu S/o Late Heeralal Sonkar Aged About 27 Years R/o Ward No. 08 Orma, P.S. And Dist. Balod, C.G. ... Applicant(s) versus • State Of Chhattisgarh Through Station House Officer, Police Station Doundi, District Balod, C.G. --- Respondent For Applicant : Ms. Richa Sahu, Advocate on behalf of Mr. Ramsahay Songene, Advocate For Respondent/State : Mr. Rajeev Pandey, Dy. AG. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/11/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.81/2025, registered at PS - Doundi, District Balod, C.G., for commission of offence punishable under Sections 137(2), 87, 64(2)(m), 65(1) of BNS; Section 5(L)/6 of the POCSO Act and Section 3(2)(v) of the 2 SC/ST Act, 1989. 2. Case of prosecution, in brief, is that mother of prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded and based upon which, applicant has been arrested in the aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim was examined before the trial Court, she turned hostile and not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 03.07.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed forceful sexual intercourse with minor victim (aged about 15 years, 04 months & 20 days. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, mother of victim appeared before this Court by virtual mode from the concerned DLSA and she raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that 3 victim was examined before the trial Court and she has not support the case of prosecution, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant 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. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-