1 2025:CGHC:16610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2204 of 2025 1 - Sanju @ Sanjeev Gavde S/o Late Kanhaiya Gavde Aged About 31 Years Caste Gond, R/o Village Kanhargaon, Police Station And Tahsil Bhanupratappur Distt North Bastar Kanker (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Bhanupratappur, Distt North Bastar Kanker (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Arun Kumar Shukla, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08/04/2025 1. Pursuant to the order dated 20.03.2025, the notice issued to the victim has been served upon her but neither the victim nor any representation is made on her behalf to record her submission, therefore, this Court proceeds to hear the bail application. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 03.05.2024 in connection with Crime No. 95/2024 registered at Police Station Bhanupratappur, District North Baster Kanker (C.G.) for the offence under Section 341, 294, 506, Part-II 294, 376 of IPC and Section 4 of POCSO Act, 2012. 3. The case of the prosecution is that on 02.05.2024, the victim lodged a report that she was being subjected to rape by the appellant on 29.04.2024 after dragging her towards shrubs in the jungle and also looted 300/- cash from her. On the report lodged by the victim the offence under Section 341, 294, 2 506-II, 376 of IPC and under Section 4 of POCSO Act, have been registered against the applicant. The applicant has been arrested on 03.05.2024 and chare-sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant has falsely been implicated in the offence. No offence have been committed with the victim. There is no sufficient material with respect to her age that she was minor on the date of incident. She has falsely alleged that it is the appellant who has committed rape upon her where there is no injuries found on the body of the victim. The applicant is in jail since 03.05.2024, the final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and have submitted that the report lodged by the victim herself which is with respect to the commission of the rape as well as loot of Rs. 300/-. The injuries have been found on the back of the victim and as per the MLC report she was subjected to sexual intercourse. Rs. 100/- cash has been seized from the applicant and considering the statement of the victim the applicant is not entitled for bail. 6. I have heard learned counsel for the parties. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering that the age of victim as well as injuries found on her body, I am not inclined to release the applicant on bail. His bail application is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.09 19:43:40 +0530