1 2025:CGHC:20250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2567 of 2025 1 - Vinod Patel S/o Late Vishwanath Patel Aged About 38 Years R/o Village- Faudipur, Panchayat - Kandipur, Police Station - Gird Badhgaon, District- Sant Ravidas Nagar, Bhadohi, Uttar Pradesh ... Applicant(s) versus 1 - State of Chhattisgarh Through - Station House Officer, Police Station - Kotwali, District- Korba, Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant(s) : Mr. Karan Kumar Baharani, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 02/05/2025 1. Pursuant to the order dated 02.04.2025, both the victim along with their respective mothers appeared through virtual mode from DLSA, Korba and raised objection in granting bail to the applicant. Their objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 21.03.2024 in connection with Crime No. 163/2024 registered at Police Station Kotwali, District Korba 2 (C.G.) for the offence under Section 363, 366, 366-A, 376, 34 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012.(as per challan). 3. The prosecution's case is that on 13-04-2024, the victim's mother lodged a missing report to the police station Kotwali, Korba, stating that her minor daughter and another girl from her neighbourhood had been missing since 11-03-2024 and that their whereabouts could not be traced. The police have registered the offence under Section 363 of the IPC and started the investigation. During the investigation, both the victims have come back to their house on 20-03-2024 and informed the police that the co-accused Rajni Chouhan had allured and taken them to Varanasi. After recording their statements, the other offences of Section 366, 366-A, 376, 34 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short “the POCSO Act”) have been added. The applicant has been arrested on 21-03-2024, and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the offence. The victims are being taken by the co-accused Rajni Chouhan to Varanasi to engage them in the job. When they are dissatisfied with their job, they return and raise allegations against the applicant. There is no nexus of the applicant with the other co- accused persons. It is only allegation against the present applicant that he gave shelter to the victims in his house and he was not in knowledge of any offence. The applicant is in jail since 21-03-2024 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel appearing for the state opposes the submission of the learned counsel for the applicant and have submitted that in the statement of the victims, there is clear allegation against the applicant that the Co-accused Rajni Chouhan had kept them at Varanasi in the house of her son-in-law Vinod (present applicant) for about 02 days, and he called 3 his friend there and got performed marriage of another victim forcefully and took her to Mathura. They were detained there for about 2-3 days. The first victim was also forced to perform marriage, but she protested. There is allegation of rape with the second victim by the present applicant. The statements of the victims directly implicate the present applicant in the offence in question. The manner in which the victims were taken by the co- accused and were treated with cruelty and sexual harassment, the present applicant is not entitled to bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions of learned counsel for the parties, material collected during the investigation, the allegations against the present application, gravity of the offence, statements of both the victims and other witnesses, the manner in which the alleged offence is committed and the allegation of rape against the applicant with the second victim, I am not inclined to release the applicant on bail. 8. His bail application is therefore rejected. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.05 19:56:07 +0530