Dashmet Vs State of Chhattisgarh

2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.257/2025 registered at Police Station Pratappur, District Surajpur (C.G.), for the offence punishable under Sections 65(2), 238, 3(5) of BNS and Sections 4 & 6 of the POCSO Act.

2

As per the prosecution case, it is alleged that the co -accused Rosan Toppo who happens to be Grand Son of the applicant allured the victim aged 5 years for giving sweets and committed sexual assault with her and when she went crying to her home and her mother and family members saw blood oozing out of her private part they came to house of present applicant to confront the co-accused they saw that the applicant was cleaning the blood stains of floor and bed sheets, thereby caused disappearance of evidence.

Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended the applicant is a 60-year-old lady who has been charged under Section 238-A and 3(5) of BNS by the trial Court for washing the floor of her house and also the bed sheets on which blood stains of victim were found, thereby allegedly caused disappearance of evidence. He further contended that the applicant is in jail since 04.11.2025 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail.

Learned State Counsel opposes the submission made by learned counsel for the applicant and contended that at the time of incident, victim was minor, therefore, it is prayed that the applicant may not be released on bail.

3

Considering the facts of the case, submission made by learned counsel for the parties. Further considering the fact that the main accused of this case is Roshan Toppo. The main allegation against the present applicant is that allegedly she was disappeared the evidence from her house. Further considering the fact that the present applicant is 60-year-old lady and she is in jail since 04.11.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

Accordingly, the application is allowed and the applicant is directed to be released on bail on her furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.

Sd/-

(Sanjay Kumar Jaiswal) Judge

¶29

Vasant

Dashmet v. State of Chhattisgarh