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Judgment
The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 142/2026, registered at Police Station Pachpedi, District – Bilaspur (C.G.) for offence punishable under Sections 137(2), 64 and 87 of BNS and Sections 4, 16 and 17 of POCSO Act.
As per the case of the prosecution, a missing report was lodged by the father of the minor victim on 16/05/2026 and subsequently, the victim was recovered on 17/06/2026 and her statement was recorded under Section 183 of BNSS wherein she has stated that the present applicant was taking her and one Pranjal Patle from Bilaspur to Raipur and thereafter, to Pune and on that basis, FIR was registered for commission of the aforesaid offences and the applicant was arrested.
Mr. Paras Mani Shriwas, learned counsel for the applicant, would submit that there is allegation of sexual assault on co-accused Pranjal Patle and the allegation against the present applicant is that he helped the main accused. He would further submit that that the investigation has been completed and charge-sheet has already been filed and the applicant is in jail since 16/07/2026, thus, the appellant be released on bail as conclusion of trial is likely to take some time.
On the other hand, Mr. Vivek Sharma, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that at the time of the incident, the victim was aged about 16 years and 7 months and there is direct allegation against the present applicant, therefore, he is not liable to be released on bail.
The victim along with her father appeared before this Court in person and raised her objection for grant of bail to the applicant.
I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record.
Taking into consideration the facts and circumstances of the case, particularly the fact that main accused is Pranjal Patle and the allegation against the present applicant is that he provided assistance to the main accused in commission of the offence; further considering that the investigation is complete and charge-sheet has already been submitted; the applicant is in custody since 16/07/2026, this Court, without expressing any opinion on the merits of the case, is of the considered view that a fit case for grant of regular bail is made out. Accordingly, the bail application filed by the applicant is allowed.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-
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,
he shall not act in any manner which will be prejudicial to fair and expeditious trial, and
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
The observation made herein-above is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.