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HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay Kumar Jaiswal, J
SHAILENDRA SONPAKAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRC No. 10409 of 2025
For the Appellants/Petitioners: Pawan Shrivastava
For the Respondents: Afroz Khan
Bail may be granted in serious offenses if the primary witness turns hostile and the trial is progressing slowly, leading to prolonged incarceration without a likely early conclusion.
Headnote:The applicant sought regular bail under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offenses punishable under S. 137(2), 87, 64(2)(m) of the BNS and S. 6 of the Protection of Children from Sexual Offences Act, 2012. The prosecution alleged that the applicant took a minor victim to a rented room and committed sexual intercourse under the pretext of marriage. The court noted that the victim had already been examined and did not support the prosecution's case. The primary issue was whether the applicant was entitled to bail considering the nature of the offense and the progress of the trial. The court reasoned that since the victim turned hostile and only two out of twenty-five witnesses had been examined, the trial was likely to take considerable time, making continued incarceration unjustified. Accordingly, the application for grant of bail is allowed.
| Table of Content |
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| 1. procedural background and allegations of sexual offenses against a minor. (Para 1 , 2 , 3) |
| 2. competing arguments regarding witness hostility versus the gravity of the offense. (Para 4 , 5) |
| 3. justification for bail based on hostile testimony and slow trial progress. (Para 6 , 7) |
| 4. grant of bail with specific bond and appearance conditions. (Para 8 , 9) |
Order On Board
1. Despite service of notice, the victim has not connected through virtual mode from the concerned DLSA.
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.385/2024 registered at Police Station Baikunthpur, District Korea (CG) for offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 6 of Protection of Children from Sexual Offences Act, 2012.
3. As per the prosecution case, the applicant knowing well that the victim was a minor, yet he took her with him to Ambikapur, where he rented a room and repeatedly committed sexual intercourse with her under the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 19.02.2025.
4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. The victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. He submits that the victim was a consenting party and she went with the applicant of her own free will. He further submits that out of total 25 witness, only 2 witnesses i.e. the victim and her father have been examined till date, the applicant is in jail since 19.02.2025 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 also considering the facts that there are total 25 witnesses, out of which only 2 witnesses i.e. the victim and her father have been examined so far, the applicant is in jail since 19.02.2025 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. 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.
