1 2025:CGHC:19665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2484 of 2025 Salim Sai S/o Shri Bhanu Sai Aged About 26 Years R/o Chidora, Bartoli, P.S.- Kansabel, Distt- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kansabel, Distt- Jashpur (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Palash Rajani, Advocate along with Mr. Pankaj Bhaskar, Advocate For Respondent/State : Mrs. Prabha Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 30/04/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 101 of 2024, registered at Police Station Kansabel, District Jashpur (C.G.) for the offence under Sections 137(2), 61(1), 351(2), 87 of Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Sections 4 VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.01 18:59:01 +0530 2 and 6 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) 2. The case of prosecution in brief is that, on 30.08.2024, a written complaint was lodged by the victim, alleging in it that, at about 6:00 AM in the morning, when she was going to school along with her friends, on the way, the applicant stopped her and asked her that she is being called by a teacher, because she is selected in the school games and she has to go to Jashpur. He took her in his motorcycle and instead of taking her to village Bataikela, he took her to jungle and committed rape upon her. On the same day, she lodged the report, upon which the FIR under Sections 137(2), 61(1), 351(2) of BNS and Sections 4 and 6 of POCSO Act has been registered. During the investigation, the victim was medically examined, in which the injuries have been found on her private part and the applicant was identified in Test Identification Parade. The applicant was arrested on 01.09.2024 and charge sheet has been filed. 3. Learned counsel for the applicant would submit that the FIR has been lodged against unknown person and no injuries have been found on the body of the victim. There is no sufficient evidence with respect to the Test Identification Parade and the conduct of the victim itself is suspicious. The applicant is in jail since 01.09.2024, 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 the victim was being taken by the applicant by saying 3 that her teacher was calling her, as she was selected in the school games and instead of taking her to the teacher, he took her to jungle and committed rape upon her. In the MLC report, her hymen was found ruptured and redness was found on the private part. The age of the victim is about 14 years and as per the statement of her friends, the involvement of the applicant in the offence in question is there. The victim has duly identified the applicant in Test Identification Parade and there is sufficient material available in the charge sheet and therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, considering the nature of the allegations and the material collected during the investigation, further considering the age of the victim as well as her medical report, I am not inclined to release the applicant on bail. 7. Therefore, the bail application of the applicant is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved