1 2025:CGHC:18443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2267 of 2025 1 - Harish Kumar Pulast S/o Kaleshwar Singh Pulast Aged About 21 Years Caste- Gond R/o Village Lodibahra (Matin), P.S. Bango, Tahsil Podi Uproda, District Korba (C.G.) ... applicant versus 1 - State Of Chhattisgarh Through Police Station Bango, District Korba (C.G.) ... Respondent(s) For applicant : Mr. Shubhank Tiwari, Advocate on behalf of Mr. Vivek Mishra, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 23.04.2025. 1. Heard, This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12/02/2025 in connection with Crime No. 01/2025 registered at P.S. Bango, Dist- Korba (CG) for the offence under Section 137 (2), 64(1) of B.N.S. and Section 04, 06 of of POCSO Act. 2 2. The case of the prosecution is that on 02.01.2025, the mother of the victim lodged report to the Police that her minor daughter was subjected to rape by the applicant from 26.06.2024 to 30.12.2024. It is only when her daughter was being thrown out by the applicant from his house, she came back to her house and then disclosed the entire incident and therefore, they lodged the report. The FIR has been registered for the offence under Section 137 (2), 64 (1) of B.N.S. and Section 04 & 06 of POCSO Act, in which the applicant has been arrested on 14.01.2025 and charge-sheet has been filed. 3. Learned counsel for the applicant would submit that there is no admissible document with respect to the age of the victim, she being a major girl having love affair with the applicant and she herself eloped with the applicant with raising any objection. she engaged in making consensual physical relation with the applicant. It is only when the pressure of her parents, she has making her statement against the applicant. The applicant is in jail since 14.01.2025 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that from the material collected during the investigation the victim is minor and she was kidnapped by the applicant and took her to Raipur, where he made physical relation with her. The applicant used to bit her regularly and not permitted to go outside from the house. Ultimately, he thrown her out from his house and she went back to her mother and then the report has been lodged by them. Looking to the evidence on record, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim as well as her 183 B.N.S.S. 2023 statement, I am not inclined to release the applicant on bail. 7. Consequently, the application filed by the applicant for grant of regular bail is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.04.25 10:08:12 +0530