1 CGHC010214922026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5045 of 2026 1 - Lekhu @ Lekhram Sahu S/o Sunder Sahu Aged About 19 Years Resident Of Village - Majgaon, Police Station - Kawardha, District - Kabirdham, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Of Police Station - Kawardha, District - Kabirdham, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Sanjeev Sahu, Advocate For Non-Applicant : Mrs. Binu Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 11.09.2026 1. This is the first regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No. 112/2026 registered at Police Station- Kawardha, District Kabirdham, (C.G.) for the offence punishable NIRMALA RAO 2 under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of POCSO Act. 2. The case of the prosecution, in brief, is that on 25.12.2025, the victim was sexually abused by the applicant. She complained of stomach pain on 22.03.2026, and upon medical examination, it was found that she was carrying a pregnancy of four months. Subsequently, a report was lodged, and an FIR for the commission of the offences, as stated above, was registered against the applicant. 3. Learned counsel for the applicant would argue that the applicant is in jail since 25.03.2026 and that the parents of the victim have already been examined. He would submit that the victim and her parents have not supported the case of the prosecution and have denied the suggestions put to them by the prosecution. He would submit that there is no evidence against the present applicant and, therefore, he may be enlarged on regular bail. 1. On the other hand, learned counsel for the State opposes the bail application of the applicant. She would submit that on the date of the incident, the age of the victim was 13 years and 11 months. She would submit that the medical evidence supports the allegations made against the present applicant. She would contend that only three witnesses have been examined and, therefore, it would not be proper to consider the case of the applicant for grant of bail. 3 2. I have heard learned counsel appearing for the parties and perused the case-diary. 3. Having considered the fact that the victim and her parents have already been examined and have not supported the case of the prosecution and have been declared hostile, and that the witnesses have denied the suggestions put to them by the prosecution, coupled with the fact that the applicant is in jail since 25.03.2026, I am inclined to allow this bail application. 4. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Lekhu @ Lekhram Sahu, involved in Crime No. 112/2026 registered at Police Station-Kawardha, District Kabirdham, (C.G.) for the offence punishable under Sections 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of POCSO Act, be released on bail on furnishing 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 his under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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, 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 in accordance with law. 4. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Rakesh Mohan Pandey) JUDGE Nimmi