1 CGHC010192762026 2026:CGHC:28323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5661 of 2026 1 - Manoj Kumar Kshirsagar S/o Bhaiya Lal Kshirsagar Aged About 43 Years R/o Village- Limora P.S Balod District- Balod, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through- P.S. Balod, District- Balod C.G. ... Respondent For Applicant : Mr. Hemant Gupta, Advocate For Respondent/State : Ms. Deepa Singh, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 08/07/2026 1. The victim and her father appeared before this Court today through virtual mode from the concerned DLSA and expressed no-objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.539/2025 registered at Police Station Balod, District- Balod (CG) for the offence punishable under Sections 137(2), 49, 74, 75(1), 3(5), 65(1) of BNS, Section 4 of POCSO Act & Section 3(2)(B) of SC/ST Act. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.09 14:56:55 +0530 2 3. The first bail application of the applicant was rejected on merits by this Court vide order dated 10.03.2026 in MCRC No.2035/2026. 4. According to the prosecution, on 11.12.2025, while the minor victim had gone out to play, the accused persons, including the applicant, on the pretext of a ride, took her in their car to village Karhibhadar and committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 13.12.2025. 5. Learned counsel for the applicant submits that the examination-in- chief of the victim was recorded on 19.02.2026, while her cross- examination was concluded on 24.04.2026. Meanwhile, the applicant's first bail application came to be rejected on 10.03.2026. It is submitted that in the last line of paragraph 14 of her cross-examination, the victim has categorically stated that the present applicant did not molest her. Learned counsel further submits that, out of the total 19 prosecution witnesses, only two have been examined. The applicant has been in custody since 13.12.2025, and there is no likelihood of the trial being concluded in the near future. It is, therefore, submitted that in view of the aforesaid subsequent developments and the change in circumstances, the applicant deserves to be enlarged on bail. 6. Per contra, learned counsel for the State opposes the prayer for bail and submits that the victim was a minor at the time of the alleged incident. It is contended that the victim has supported the prosecution case in her examination-in-chief and, having regard to the nature and gravity of the allegations, the applicant is not entitled to the benefit of bail. 7. Heard learned counsel for the parties and perused the case diary as well as the material available on record. 8. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim, and also considering the fact that both the victim and her father have 3 expressed no objection to the grant of bail to the applicant, at the time when the first bail application was rejected, the evidence of the victim had not been completed before the trial Court, out of the total 19 prosecution witnesses only two have been examined, the applicant has remained in judicial custody since 13.12.2025, the conclusion of the trial is likely to take considerable time and in the change of circumstances, this Court is inclined to allow the present bail application. 9. 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. 10. Let a certified copy of this order be sent to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai