Regular bail may be granted when the victim and their guardian do not support the prosecution's case and express no objection to the release of the accused, especially when trial progress is slow.

Order on Board

1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.540/2025 registered at Police Station Janjgir, District Janjgir Champa (CG) for the offences under Sections 137(2), 64(m), 65(1), 87 of BNS and sections 4 & 6 of POCSO Act.

2. The prosecution story, in brief, is that on 10.06.2025 the applicant has abducted the minor victim girl from the lawful guardianship of her parents and thereafter repeatedly committed the sexual intercourse with her.

3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case and there is no iota of evidence against him. He further submits that the victim and her mother have been examined before the trial Court and they have not supported the case of prosecution. He further submits that the age of victim has been shown to be 19 years in the statements of victim and her mother, therefore, no offence is made out under section POCSO Act against the applicant. He submits that the applicant is in jail since 13.11.2025 and till date out of a total 22 witnesses, only 2 have been examined and and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that the victim is minor at the time of incident and the applicant had taken away the girl from the lawful custody of the applicant and committed forcible sexual intercourse thereby she became pregnant.

5. The victim along with her mother has appeared through VC from the concerned DLSA and expressed no-objection to grant bail.

6. Having considered the submissions made by learned counsel for the parties and after perusal of the court statements of victim and her mother and further looking to the over all facts situation, without observing anything on merits of the case, I am inclined to release the applicant on regular bail at this stage.

7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf.

Cc as per rules.