1 2026:CGHC:22305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4152 of 2026 Gopi Khare S/o Bholaram Khare Aged About 22 Years R/o Nearby Sant Ravidas Tempel Karbala Road P.S. City Kotwali District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti , District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Pramod Ku. Navratna, Adv. For Respondent/State : Ms. Deepeshwari Mahilwar, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 12/05/2026 1. The victim along with her mother appeared virtually and recorded ‘objection’ in granting bail to the applicant. 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. 252/2025, registered at Police Station – Sigitti, District- Bilaspur (C.G.) for offence punishable under Sections 137(2), 87, 64(2)(m) & 65(1) of BNS and Sections 3/4, 5(1) & 6 of the POCSO Act, 2012. 3. First bail of the applicant was dismissed as withdrawn vide order dated 20.02.2026 passed in MCRC No.1318/2026. 4. The prosecution's case, in short is that the applicant induced the minor victim and took her with him. It is also alleged that the applicant 2 committed sexual intercourse with the minor victim. During course of investigation, the victim was recovered from the possession of the applicant. Based on above, offence has been registered against the applicant and he was arrested on 31.07.2025. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The victim has examined before the Trial Court and she turned hostile. There was a love affair between the applicant and the victim and she was a consenting party. He further submits that the victim herself joined the company of the applicant on her own free will. The applicant is in jail since 31.07.2025, out of 22 prosecution witnesses only 2 have been examined till date and the trial is likely to take 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, the evidence collected by the prosecution, the period of detention of the applicant, the statement of the victim recorded before the Court, and the fact that the trial is likely to take time to conclude, without commenting on the merits of the case, I am inclined to release the applicant on bail. 9. Accordingly, the bail application is Allowed. 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