1 2026:CGHC:4999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10302 of 2025 Vishnu Prasad Patel S/o Prithvi Patel Aged About 44 Years R/o - Vill- Sonsari, P.S.- Pachpedi, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. - Pachpedi, District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Jai Prakash Shukla, Advocate For Respondent : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 29.01.2026 1. The victim along with her elder sister appeared before this Court today through virtual mode from the concerned DLSA and expressed their no-objection in granting bail to the applicant. 2. This is the first 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.143/2025 registered at Police Station Pachpedi, District Bilaspur (CG) for offence punishable under Sections 376AB, 376(2)(f)(n) of IPC and BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.01.29 18:16:16 +0530 2 Sections 5(l)/6, 5(m)/6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the allegation against the applicant is that despite being the father/guardian, he had sexual intercourse with the victim, who was below 12 years of age, on more than one occasion. On report being lodged in this regard, the applicant was arrested on 18.06.2025. 4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated at the instance of the Superintendent of shelter home and the elder sister of the victim. He submits that the victim has been examined before the trial court and she has not remained consistent in her statement and has denied the occurrence of the alleged incident. The victim and her elder sister have also expressed their no-objection in granting bail to the applicant. He further submits that there are total 21 witnesses out of which only 1 witness i.e. the victim has been examined till date, the applicant is in jail since 18.06.2025 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. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and also considering the facts that the victim and her elder sister have expressed their no-objection in granting bail to the applicant, out of total 21 witnesses only the victim has been examined so far, the applicant is in jail since 18.06.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 8. 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE