1 2025:CGHC:17454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2210 of 2025 • Suresh Kaushik S/o Mani Ram Kaushik Aged About 19 Years R/o Village- Aara Jarha Para, P.S.- Sitapur District- Surguja (C.G.) ... Applicant versus • The State of Chhattisgarh Through P.S.- Sitapur, District- Surguja, Chhattisgarh ... Non-applicant For Applicant : Mr. Aman Kesharwani, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No.202/2024, registered at Police Station Sitapur, District - Surguja (C.G) for the offence punishable under Sections 363, 366, 376(2)(n), 376(3) of the IPC 2 and Section 6, 4 (2) of the Protection of Children from Sexual Offences Act, 2012 (in short ‘ the POCSO Act’). 3. The applicant has preferred First bail application under Section 483 of BNSS for his release on bail before this Hon’ble Court, which has been dismissed vide order dated 11.12.2024. 4. The prosecution story in brief, is that, it was alleged that on 07.07.2024 father of the victim has lodged a missing report that her minor daughter is missing since 16.06.2024 and she could not be traced out. The police registered offence under Section 363 of the IPC and started offence under Section 363 of the IPC and started investigation. During investigation the victim was recovered on 09.07.2024 from the possession of the applicant and after recording her statement the other offences has been registered. 5. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. Further, the statement of victim girl has been recorded before the learned trial Court where she has turned hostile. The applicant is in jail since 09.07.2024, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 6. On the other hand, learned counsel for the State opposes the bail application and submits that the victim is a minor girl aged about 14 years and 10 months and in her statement recorded under Section 164 of the Cr.P.C., she supported the prosecution 3 case and the trial is in progress. Therefore, his bail application is liable to be dismissed. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, nature and gravity of the offence, material available in the case dairy and the fact that the statement of the victim recorded under Section 164 of the Cr.P.C. and also taking in to consideration the fact that as per the prosecution case, the victim is minor girl aged about 14 years and 10 months accordingly, the bail application of present applicant- Suresh Kaushik, involved in Crime No.202/2024, registered at Police Station Sitapur, District - Surguja (C.G) for the offence punishable under Section 409 of the IPC., is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 12:58:40 +0530