1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3389 of 2026 Prem Gond S/o Kamal Gond Aged About 21 Years R/o Nandini Khundini, P/S Nandini Nagar Ahiwara, District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Chhura, Raipur District- Raipur (C.G.) ... Respondent For Applicant : Mr. Lukesh Kumar Mishra, Advocate, through V.C. For Respondent/State : Ms. Avelin Juneja Gambhir, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 28/04/2026 1. This is the second bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.189/2025 registered at Police Station Chhura, District- Gariyaband (CG) for the offence punishable under Sections 137(2), 64(2)(m), 87 BNS and Sections 4 & 6 of POCSO Act. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.04.28 17:10:56 +0530 2 2. The first bail application of applicant was dismissed vide order dated 11.03.2026 in MCRC No.1999/2026 on the ground that the trial had not commenced. 3. As per the prosecution case, the allegation against the applicant is that on 07.12.2025, he kidnapped the minor victim from the lawful guardianship of her parents, took her to Raipur and repeatedly committed sexual intercourse with her under the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 01.01.2026. 4. Learned counsel for applicant submits that the victim has now been examined before the trial Court and she has not supported the case of prosecution and turned hostile. Her FSL report is negative. No external or internal injury has been found in her MLC report. He further submits that out of total 24 witness, only 4 have been examined so far, the applicant is in jail since 01.01.2026 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and her age, 3 which according to the prosecution was 17-18 years at the time of incident and also considering the facts that out of total 24 prosecution witnesses only 4 have been examined, the applicant is in jail since 01.01.2026 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 8. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Let a certified copy of this order be sent to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai