1 2025:CGHC:55961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8078 of 2025 1 - Taqir Ali S/o Jafar Ali Aged About 23 Years R/o New Bus Stand, Rajiv Nagar, Katghora, District : Korba, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Banki Mongra, District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Dhiraj Kumar Wankhede, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/11/2025 The applicant has filed this second bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 197/2024 registered at police station Banki Mongra, District Korba (CG) for the offence 2 punishable under Sections 64, 3(5), 65, 76, 238-B of the BNS and Sections 4,6,11 & 12 of the Protection of Children from Sexual Offences Act, 2012. The first bail application filed by the applicant was rejected on merits vide order dated 19.03.2025 in M.Cr.C. No. 1342 of 2025. 2. Prosecution case in brief is that a report was lodged by the complainant on 12.11.2024 alleging that two accused persons threatened her daughter and took her to the house of the applicant on 16.10.2024 and subjected her to rape and made a video of the same. On the basis of the said report, the appellant was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that in the court statement, nothing has been stated against the present applicant by the victim and her father who are the material witnesses. He further submits that the applicant is in jail since 13.11.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Notice has been duly served upon the guardian of the victim but none appeared. Ms. Divya Sahu, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim. 3 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that there is substantial change in the circumstances of the case and the applicant is in jail since 13.11.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.19 10:53:12 +0530