Prolonged incarceration of an appellant and disputed minor status of the prosecutrix warrants bail consideration.

O R D E R

1. Leave granted.

2. Heard learned counsel for the parties.

3. This appeal arises from an order dated 13.06.2025 passed by the High Court of Chhattisgarh whereby the Regular Bail prayer of the appellant in connection with FIR No.

492/2024 has been rejected.

4. The submission of the learned Counsel for the appellant is that there is a dispute regarding the prosecutrix being a minor. She Signature Not Verified herself in her First Information Report Digitally signed by CHETAN ARORA Date: 2025.10.18 Reason: disclosed her age 17 years 11 months and 13 days. It has been submitted that in such circumstances, the appellant who has suffered incarceration since 16.11.2024, pending trial, is entitled to be released on bail particularly when the tenor of allegations reflects a relationship between the prosecutrix and the appellant.

5. The learned counsel for the State- Respondent has opposed the prayer for bail by submitting that trial is at an advance stage.

6. Without expressing opinion on the merits of the allegations but having regard to the age of the victim and the fact that appellant has suffered pending trial incarceration since 16.11.2024, we are of the view that the appellant is entitled to be released on bail, pending trial.

7. The appeal is, accordingly, allowed. The order passed by the High Court rejecting the regular bail prayer of the appellant is set aside.

8. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case.

9. Pending application(s), if any, shall stand disposed of.

…………………………………………………………………...J [MANOJ MISRA]

…………………………………………………………………...J [UJJAL BHUYAN]

New Delhi October 17, 2025 ITEM NO.7 COURT NO.13 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 4558/2025 @SLP (Crl) No. 12740/2025 SHIVA KOHLI Appellant(s)

VERSUS STATE OF CHHATTISGARH Respondent(s)

FOR ADMISSION IA No. 204889/2025 - EXEMPTION FROM FILING O.T.

Date : 17-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s) :

Dr. Rajesh Pandey, Sr. Adv.

Ms. Ayushi Pandey, Adv.

Ms. Aswathi M.k., AOR For Respondent(s) :

Mr. Rishabh Sahu, D.A.G.

Mr. Apoorv Shukla, AOR Ms. Prabhleen A. Shukla, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal is allowed in terms of the signed order which is placed on the file.

3. Pending application(s), if any, shall stand disposed of.