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Judgment
This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 169/2026 registered at Police Station : Nawagarh, District : Janjgir-Champa (C.G.) for the offence punishable under Sections 64(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 6 of POCSO Act.
The prosecution case, in brief, is that on 19.02.2026, at about 08:30 PM, the co-accused, namely Himanu Khunte, restrained the victim, sexually assaulted her, and threatened to circulate an objectionable video of her. Subsequently, on the night of 19.05.2026, the applicant, along with the co-accused, went to the house of the victim, where the co-accused slapped her while questioning why she was not speaking to him. Upon the victim raising an alarm, the accused persons fled the spot. On the basis of the complaint, the police registered an FIR for the aforementioned offences and arrested the applicant on 02.06.2026
Learned counsel for the applicant submits that main allegation of sexual assault is against the co-accused person and present applicant has falsely been implicated in the present case. He further submits that applicant has no criminal antecedents and charge-sheet has been filed before the competent Court. He also submits that applicant is in jail since 02.06.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.
On the other hand, the learned State counsel opposes the bail application and submits that present applicant assisted the co-accused person in commission of afore-stated offence, therefore, he is not entitled for grant of regular bail.
I have heard learned counsel for the parties and perused the case diary.
On 29.09.2026, victim appeared before this Court along with her father through video-conferencing and she has raised objection in grant of bail to the applicant. However, the main allegation of sexual assault is against the co-accused Himanu Khunte and applicant has no criminal antecedents. Furthermore, investigation is completed, charge-sheet has been filed and applicant has been in jail since 02.06.2026, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall make himself available for interrogation by the police officer as and when required;
(b)he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and
he shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.