1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 798 of 2026 Yash Kumar Nishad S/o Purushottam Nishad Aged About 33 Years R/o Kosagoandi P.S. Sanaud, Dist- Balod (C.G.) ... Applicant versus State of Chhattisgarh Through- P.S. Sanaud, District- Balod (C.G.) ... Respondent For Applicant : Ms. Vaishali Jeswani, Adv. For Respondent/State : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/02/2026 1. On 06.02.2026, the victim and her father appeared virtually and recorded ‘no objection’ in granting bail to the Applicant. 2. The applicant has preferred this 1st 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. 105/2025, registered at Police Station – Sanaud, District- Balod (C.G.) for offence punishable under Sections 331(4), 74, 75, 76 of BNS and Sections 8 & 12 of the POCSO Act, 2012. 3. The prosecution's case, in short, is that on 24.10.2025, the applicant had entered in the house of the victim who was aged below 16 years and grabbed her hands while she was sleeping and pulled at her clothes with intention to outrage her modesty. Based on above, offence has been registered against the applicant. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.02.10 10:55:43 +0530 2 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The victim, her sister-in-law and her mother have examined before the Trial Court and they have turned hostile. She further submits that the applicant is in jail since 24.10.2025, out of 17 prosecution witnesses only 6 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. 5. 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, there was named FIR registered against the applicant and he has also a criminal history of one case, therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant and also considering the statements of the victim and her mother, sister-in-law and also the fact that trial is likely to take some time to be finalized, without further commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is Allowed. 9. 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