1 CGHC010264502026 2026:CGHC:40468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6548 of 2026 1 - Mithlesh Kumar Dewangan S/o Narayan Dewangan Aged About 23 Years R/o Village Dumariya, Police Station, Tahsil And District Surajpur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Surajpur, District Surajpur (C.G.) ... Respondent For Applicant : Mr. Anil Gulati, Advocate For Respondent/State : Ms. Smriti Shrivastava, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 16.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 354/2026, registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 64 and 69 of BNS and 6 of POCSO Act. 2. Case of the prosecution, in brief, is that the applicant sexually assaulted the victim, aged about 14 years, 2 months and 16 days, on the pretext of marriage. The FIR was lodged against the applicant by Digitally signed by JYOTI JHA Date: 2026.09.18 10:42:50 +0530 2 the victim, pursuant to which the offences, as stated above, were registered against him. 3. In pursuance of the notice issued to the victim, vide order dated 31.08.2026, the victim along with her mother appeared before this Court through virtual mode and gave her consent for grant of bail to the applicant. 4. Learned counsel appearing for the applicant would submit that though the age of the victim as depicted in the charge-sheet on the date of the incident was 14 years, 2 months and 16 days, but in her court statement dated 14.08.2026, she has stated her age 19 years. He would further argue that the victim has not supported case of prosecution and further denied the suggestions put forth by the Public Prosecutor. He also submits that the applicant is in jail since 08.06.2026. He, therefore, prays for grant of bail to the applicant. 5. On the other hand, learned State counsel would oppose the bail application and submit that the victim was below 15 years of age on the date of the incident and serious allegations have been levelled against the applicant and, therefore, the application moved by applicant for grant of bail may be rejected. 6. I have heard the learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and particularly considering the fact that the victim has already been examined and she has not supported the case of the prosecution, and further, she denied the suggestions put forth by the Public Prosecutor, 3 as also the fact that the applicant is in custody since 08.06.2026, and that the conclusion of the trial is likely to take some time, I am inclined to grant bail to the present applicant. Accordingly, the bail application is allowed. 8. Let applicant- Mithlesh Kumar Dewangan involved in Crime No. 354/2026, registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 64 and 69 of BNS and 6 of POCSO Act, be released on bail on furnishing personal bond with two 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 under Section 269 of Bharatiya Nyaya Sanhita. (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 him, 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, 4 (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. 9. 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 Jyoti