Chattisgarh High Court
Vikas Vaika vs State Of Chhattisgarh on 21 July, 2025
1
Digitally signed
by BHOLA NATH
KHATAI
Date: 2025.07.22
10:16:28 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 5214 of 2025
Vikas Vaika S/o Awadh Ram Vaika Aged About 18 Years R/o Devkot
Out Post Kawar, Police Station Gurur, District Balod (C.G.)
... Applicant
versus
State Of Chhattisgarh Through S H O Police Station Gurur, District
Balod (C.G.) (Details Of Police Station Is Contrary Mentioned In The
Cause Title Of The Impugned Order Sheet)
... Respondent
For Applicant : Mr. Aman Tamrakar, Advocate, on behalf of Mr. Avinash Chand Sahu, Advocate For Respondent : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 21.07.2025
1. The victim along with her mother appeared before this Court today through VC from the concerned DLSA and submitted their no objection in granting bail to the applicant.
2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.223/2024 2 registered at Police Station Gurur, District Balod (CG) for the offence punishable under Sections 64(2)(M)/65(1) of BNS and Sections 5(J)(II)/(L) & 6 of Protection of Children from Sexual Offences Act, 2012.
3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, committed sexual intercourse with her several times on the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 07.12.2024.
4. Learned counsel appearing for the applicant submits that the victim and her mother have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her mother have also given their no- objection in granting bail to the applicant. He further submits that out of total 29 witness, only 3 witnesses including the victim and her mother have been examined till date, the applicant is in jail since 07.12.2024 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail.
5. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, she became pregnant, the DNA report is also positive and considering the nature of offence, the applicant does not deserve to be released on bail.
6. Heard learned counsel for the parties and perused the case diary. 3
7. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her mother have turned hostile, they have also given their no-objection in granting bail to the applicant and also considering the facts that there are total 29 witnesses out of which only 3 witnesses including the victim and her mother have been examined so far, the applicant is in jail since 07.12.2024 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out.
8. Accordingly, the application for grant of bail is allowed. It is directed that the present 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 concerned 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 completion of the trial.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.
Sd/-
(Sanjay Kumar Jaiswal)
Khatai JUDGE