1 2025:CGHC:60013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9803 of 2025 Shivam Alias Pintu Sande S/o Shri Ashok Sande Aged About 20 Years R/o Village - Khamhariya, P.S.- Takhatpur, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Police Station- Sarkanda, District- Bilaspur, Chhattisgarh. ... Respondent For Applicant : Mr. Yashkaran Singh, Advocate For Respondent/State : Dr. Surendra Kumar Dewangan, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 10/12/2025 1. None for the victim though notice has been served. 2. The applicant has preferred this 2nd bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 30/2025, registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for offence punishable under Section 137(2), 87, SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.12.11 11:53:19 +0530 2 64(2)(m) of BNS and U/s 4, 6 of the POCSO Act, 2012 (charges framed u/s 5(L)/6 of POCSO Act) 3. First bail of the applicant was rejected on merits vide order dated 01.07.2025 passed in MCRC No.4128/2025. 4. The prosecution story, in short, is that the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 31.01.2025. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim and her parents have been examined before the Trial Court and there are contradictions in their statement recorded under Section 161 of Cr.P.C. and their Court statement. The victim and the applicant were in love relationship and she was the consenting party. The applicant is in jail since 31.01.2025, out of 20 prosecution witnesses, only 3 have been examined till date and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 6. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail. 7. I have heard learned Counsel appearing for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant and the fact that the trial is likely to take time to be finalized, without further commenting on merits of the case, I am inclined to release the applicant on bail. 9. Accordingly, the bail application is Allowed. 3 10. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham