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NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 329 of 2026

Sunil Kumar Yadav S/o - Gulabchand Yadav Aged About 21 Years R/o -

Village - Marma Bajnapara, Out-Post - Dindo, P.S. - Trikunda, District -

Balrampur-Ramanujganj (C.G.)

... Applicant

Versus

State Of Chhattisgarh Through - S.H.O Police Station - Trikunda, District -

Balrampur-Ramanujganj, C.G.

... Respondent(s)

For Applicant : Mr. Pushkar Sinha, Advocate

For Respondent(s) : Mr. Aman Tamrakar, P.L.

Hon’ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

31/01/2026

1. The applicant has preferred this Second bail application under Section

483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular

bail as he is arrested in connection with crime No. 18/2025, registered

at Police Station – Trikunda, District- Balrampur-Ramanujganj (C.G.)

for offence punishable under Section 376 (2)(n) of IPC, Section 6 of the

POCSO Act, 2012 and Section 3(2)(v) of SC/ST (Prevention of

Atrocities) Act.

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2. First bail application of the applicant was rejected vide order dated

11.07.2025 passed in MCRC No. 4741 of 2025.

3. The prosecution's case, in short, is that on the night of 15.06.2023, the

victim had gone to her village to attend the marriage ceremony of her

friend and the applicant/accused Sunil Yadav also came there and at 4

a.m. the applicant/accused took the minor victim from the marriage

venue to the nearby forest and raped her. Thereafter, the

applicant/accused, knowing the victim to be a member of the

Scheduled Tribe, raped her more than once at different times and

places thereafter refused to marry the victim. Based on above, offence

has been registered against the applicant.

4. Learned counsel for the applicant submits that the applicant is innocent

and has been falsely implicated in the crime in question. There was a

love affair between the applicant and the victim and due to dispute

taken place between them, a false report has been lodged by the victim

against the applicant. He further submits that out of 21 listed witnesses

Three witnesses i.e. the Victim, her mother and her maternal uncle,

have been examined, who do not support the case of the prosecution

and have turned hostile. The applicant is in jail since 15.04.2025, the

trial is likely to take considerable time to conclude. Therefore, he prays

for grant of regular bail to the applicant.

5. On the other hand, learned counsel for the State opposes the bail

application and submits that at the time of incident, the victim was

minor, therefore, looking to the nature of offence, the applicant may not

be released on bail.

6. Today, the victim along with her elder sister appeared through V.C. from

the DLSA Balrampur, and they have recorded no objection to the grant

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of bail to the applicant.

7. I have heard learned counsel appearing for the parties and perused the

case diary.

8. Considering the facts and circumstances of the case and also

considering the fact that the victim, her mother and her maternal uncle

have been examined before the trial Court, the applicant is in custody

since 15.04.2025, and the trial is likely to take considerable time,

therefore, at this stage, without commenting on merits of the case, I am

inclined to release the applicant on bail.

9. 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. 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 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.

10. Office is directed to send a certified copy of this order to the trial Court

concerned for necessary information and compliance forthwith.

Sd/-

(Sanjay Kumar Jaiswal)

JUDGE

Saurabh