1 2025:CGHC:53381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8305 of 2025 • Birbal Prajapati, S/o Keshwar Prajapati, Aged About 25 Years, R/o Village Kusmi Kumharpara, Police Station Kusmi, District Balrampur-Ramanujganj (C.G.). ... Applicant versus • State Of Chhattisgarh, Through The Police Station Kusmi, District Balrampur- Ramanujganj (C.G.). ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Siddharth Pandey. Advocate. For State/Non-applicant : Mr. G. L. Uike, Panel Lawyer. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 31/10/2025 1. This is the second bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.25/2025 registered at Police Station Kusmi, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(m) and 65(1) of BNS & 4(2) and 5(I)/6 of the POCSO Act, 2012. 2. The First bail application of the applicant was rejected by this Court on merits vide order dated 11.07.2025 in MCRC No.4728/2025. 3. The case of the prosecution is that, on 10.04.2025, the mother of the victim lodged a written complaint alleging therein that applicant had sexually DEEPTI JHA Digitally signed by DEEPTI JHA 2 assaulted her minor daughter for about 2.5 years on the pretext of marriage and also threatened her not to disclose the incident to her family members. On the basis of the aforesaid complaint, FIR was registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that complainant has mentioned in her complaint that applicant has sexually assaulted her daughter for about 2.5 years, whereas the FIR has been lodged in the year 2025. He next submits that there was a love affair between the applicant and the victim. He further submits that doctor has opined that no injury was found on any part of the body of the victim and no sign of recent sexual intercourse has been found. The applicant has no criminal antecedents and he is in jail since 11.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel for the State opposed the bail application, submitted that at the time of incident, the victim was minor. He further submits that there are total 17 witnesses, out of which only 4 witnesses have been examined, therefore, at this stage, the applicant may not be released on bail. 6. Victim appeared along with her mother through (video conferencing) DLSA Balrampur-Ramanujganj (C.G.) and both have not raised any objection regarding the grant of bail to the applicant. 7. I have heard learned counsel appearing for the parties and perused the case diary carefully. 8. After hearing the submissions advanced by learned counsel for the parties as well as the fact that FIR has been lodged belatedly. Further, considering the submission made by the victim and her mother before this Court, who 3 appeared through video conferencing and submitted that they are not having any objection in granting bail to the applicant. Lastly, considering that the applicant is in jail since 11.04.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 9. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Birbal Prajapati, involved in Crime No.25/2025 registered at Police Station Kusmi, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(m) and 65(1) of BNS & 4(2) and 5(I)/6 of the POCSO Act, 2012, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of like sum amount to the satisfaction to the satisfaction of the Court concerned. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge