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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. 144/2026 registered at Police Station : Gharghoda, District Raigarh (C.G.) for the offence punishable under Section 74, 75(2), 76 and 351(3) of the Bhartiya Nyaya Sanhita, 2023, Section 8 of the POCSO Act and Section 3(1)(xi) of the SC/ST (P.A) Act.
The prosecution story in brief is that applicant, introducing himself as 'Vijay', approached the prosecutrix and her sister-in-law on the pretext of securing employment for them at a company. On the night of the incident, at around 08:00 PM, after the prosecutrix and her sister-in-law arrived at Chimtapani by bus, the applicant made them board his car. It is further alleged that while inside the vehicle, the applicant, with criminal intent, inappropriately touched the waist and hand of the prosecutrix's sister-in-law. When both of them attempted to alight from the vehicle, the applicant allegedly grabbed the prosecutrix's hand, pulled her toward him, and tore her kurta while forcefully touching her chest and waist. On the basis of allegation, police arrested present applicant and registered offence as stated above.
Learned counsel for the applicant submits that the applicant is a laborer by occupation and he has been falsely implicated in the present case. He further submits that victims have been examined before the learned Trial Court where they have not supported the case of prosecution. He also submits that the applicant has four criminal antecedents, which have been disposed and he is in jail since 24.04.2026, 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 of the present applicant and submits that the present applicant/accused lured two women including a minor girl and sexually assaulted them, therefore, the applicant is not entitled for grant of regular bail.
Learned counsel for the objector has objected this bail application.
I have heard learned counsel for the parties and perused the case diary.
Though, the victim appeared before this Court on 03.08.2026 through video conferencing and raised objection in granting bail to the applicant but considering the facts and circumstances of the case and from perusal of the evidence of the victim recorded before the learned Trial Court, it appears that victims have not supported the case of prosecution and denied the suggestions put forth by the public prosecutor. Also considering the fact that the applicant has been in jail since 24.04.2026, 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.