1 CGHC010226862026 2026:CGHC:41526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5529 of 2026 1 - Rohit Bhadre S/o Shri Narayan Bhadre Aged About 22 Years R/o Village Parchanpal, Schoolpara, P. S. Bastar District- Bastar, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Bastar District- Bastar, Chhattisgarh. ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For Non-applicant /State : Ms. Laxmeen Kashyap, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 24/09/2026 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. 03/2026, registered at Police HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.09.25 11:14:22 +0530 2 Station Bastar, District – Bastar (C.G.) for offence punishable under Sections 64(1) and 64(2)(m) of BNS and Sections 4 and 6 of POCSO Act. 2. As per the case of the prosecution, victim’s father reported the matter at Police Station Bastar that the present applicant sexually assaulted the minor victim at his house from 05/12/2025 to 07/12/2025 on the pretext of marriage, which resulted in victim’s pregnancy. On the basis of such allegations, the police registered an FIR against the present applicant and after investigation, arrested him on 12/01/2026. 3. Mr. Pravin Kumar Tulsyan, learned counsel for the applicant, would argue that victim has already been examined and she has not supported the case of the prosecution. She has even denied the suggestions put forth by the Public Prosecutor in her deposition. He would further contend that on the date of the incident, the age of the victim was more than 18 years and therefore, she was not a minor and had maintained consensual relationship with the applicant. He would further contend that victim has given her consent for grant of bail to the applicant; investigation has been completed; charge-sheet has already been filed and the applicant is in jail since 12/01/2026, thus, the appellant be released on bail as conclusion of trial is likely to take some time. 4. On the other hand, Ms. Laxmeen Kashyap, learned counsel appearing for the non-applicant/State, would oppose the bail 3 application and submit that at the time of the incident, the victim was aged about 17 years and 2 months and therefore, the contention of consent of the victim would be irrelevant as she was a minor. She would lastly submit that serious allegations have been levelled against the applicant with regard to sexual assault of the minor victim, therefore, he is not liable to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record. 6. On 25/08/2026, the victim along with her father appeared before this Court through video conferencing from the concerned District Legal Services Authority (DLSA) and gave her consent for grant of bail to the applicant. 7. Having considered the fact that victim has already been examined and she has not supported the case of the prosecution and has even denied the suggestions put forth by the Public Prosecutor in her deposition and further considering that victim has herself stated in her evidence that she was born in the year 2007 and thus, she was a major on the date of the incident and she has also deposed that no such incident, as alleged in the FIR, took place and lastly, considering that investigation is complete and charge-sheet has already been submitted; the applicant is in custody since 03/05/2026; this Court, without expressing any opinion on the merits of the case, is of the considered view that a fit case for grant of regular bail is made out. Accordingly, the bail application filed by 4 the applicant is allowed. 8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 9. The observation made herein-above is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/-Sd/- (Rakesh Mohan Pandey) JUDGE Harneet