Bail can be granted where the victim turns hostile and expresses no objection to the release of the accused, alongside consideration of trial delays.

Order On Board

12.08.2025

1. The victim appeared before this Court today through VC from the concerned DLSA and expressed her no-objection in granting bail to the applicant.

2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita , 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.48/2025 registered at Police Station Chuikhadan District- Khairagarh-

Chuikhadan - Gandi (CG) for the offence punishable under Sections 137 (2), 87, 64(2)(m), 61(1) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act .

3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her. Subsequently, on report being made in this regard, the applicant was arrested on 12.03.2025.

4. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in this case. He submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. The victim has also given her no-objection in granting bail to the applicant. He further submits that out of total 12 witness, only 4 witnesses including the victim have been examined till date, the applicant is in jail since 12.03.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail.

5. 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 fact that the victim has turned hostile, she has also given her no-objection in granting bail to the applicant and also considering the fact that there are total 12 witnesses out of which only 4 witnesses including the victim have been examined so far, the applicant is in jail since 12.03.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out.

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