1 CGHC010301982026 2026:CGHC:39904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7177 of 2026 Sumit Katle S/o Suklal Katle Aged About 18 Years R/o Village Udaybhatha, P.S. Nawagarh, District Janjgir-Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Nawagarh, District Janjgir-Champa Chhattisgarh ... Respondent(s) For Applicant : Shri C. P. Lahre, Advocate For Respondent(s) : Smt. Binu Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 11/09/2026 1. Heard. 2. Admit. 3. The minor victim along with her parents appeared through video conferencing and gave her consent for grant of bail to the applicant. 4. With the consent of learned counsel for the parties, the matter is heard finally. 5. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.103/2026, registered at Police Station Nawagarh, District Janjgir- Champa (C.G.) for the offence punishable under Sections 332([k), SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.09.11 18:08:17 +0530 2 64(1)(M), 65(1) of Bhartiya Nyay Sanhita and Section 5(B)/6 and 4(2) of the POCSO Act. 6. The case of the prosecution, in brief, is that a written report was lodged by the father of the victim to the effect that on 23.03.2026 at around 1.15 AM, the applicant entered into the house of the victim and sexually assaulted her. Based upon such a complaint, the police has registered the offence against the applicant-accused and he was arrested. 7. Learned counsel for the applicant would contend that the victim has already been examined and she has not supported the case of the prosecution. He would submit that in examination-in-chief, the victim has categorically stated that the applicant never entered into her house and no such alleged incident has taken place. He would further submit that the applicant is in jail since 24.03.2026, therefore, he prays that the applicant be released on regular bail. 8. On the other hand, learned State counsel opposes the bail application of the applicant and submits that on the date of incident, the victim was aged 16 years and 3 months. It is also contended that there are serious allegations against the applicant, therefore, this bail application deserves to be rejected. 9. I have heard learned counsel for the parties and perused all the documents available on record. 10. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering the fact that the victim has already been examined before the learned trial Court and she has not supported the case of the prosecution and she has deposed that the applicant never entered into her house and no such alleged incident 3 has taken place and the fact that the applicant is in jail since 24.03.2026, I am inclined to allow this application. 11. Accordingly, the instant bail application of the applicant is allowed. 12. Let the Applicant–Sumit Katle, involved in Crime No.103/2026, registered at Police Station Nawagarh, District Janjgir-Champa (C.G.) for the offence punishable under Sections 332([k), 64(1)(M), 65(1) of Bhartiya Nyay Sanhita and Section 5(B)/6 and 4(2) of the POCSO Act. be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- “(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his/her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law.” 13. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Rakesh Mohan Pandey) Judge Tumane