Bail granted due to prolonged custody, lack of prosecution support, and victim's non-objection.

Order on Board

10/07/2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 49/2025 registered at Police Station Doundilohara, District Balod (C.G.), for the offence punishable under Sections 137(2), 87, 64(2), 65(1) of BNS and Sections 4 & 6 of POCSO Act.

2. As per the prosecution’s case, it is alleged that between 28.03.2025 to 29.03.2025, on the pretext of marriage, the applicant, committed multiple times sexual intercourse with a minor girl. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case. He further submits that the victim and her father has been examined before the trial Court who has turned hostile and do not support the case of the prosecution. He next submits that the applicant is in jail since 30.03.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned counsel for the State opposed the bail application and submits that the applicant did a heinous crime with a minor girl and the victim was recovered from the house of the applicant, therefore, at this stage, he may not be enlarged on bail.

5. The victim, along with her father, appeared through video conferencing and recorded no objection to grant bail to the applicant.

6. I have heard learned counsel appearing for the parties and perused the case diary.

7. Considering the facts and circumstances of the case and also considering the fact that the applicant is in custody since 30.03.2025, only 2 witnesses i.e. the victim and her father have been examined out of 18 witnesses, the victim and her father have declared hostile and further considering the fact that the victim and her father have no objection to grant bail to the applicant, and the trial is likely to take considerable time, therefore, at this stage, I am inclined to release the applicant on bail.

8. Accordingly, the application is allowed and it is directed that the 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 trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case.

9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.