2025:CGHC:17763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2448 of 2025 Amrud Lal Sidar @ Dablu Sidar S/o Jai Lal Sidar Aged About 32 Years R/o Girhulpali, Ps Baramkela, District Sarangarh-Billaigarh, C.G. ... Applicant versus State Of Chhattisgarh Through Aarakshi Kendra Baramkela, District Sarangarh- Billaigarh, C.G. ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Ankur Diwan, Advocate through virtual mode For Respondent/State : Shri Vivek Sharma, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17.04.2025 1. Pursuant to order dated 27.03.2025 of this Court, mother of the victim appeared through virtual mode from DLSA-Sarangarh-Bilaigarh, and raised objection in granting bail to the applicant. Her objection is taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. The applicant was arrested on 10.07.2024 in connection with Crime No.122 of 2024 registered at PS- Baramkela, District- Sarangarh-Bilaigarh, CG Digitally signed by V PADMAVATHI Date: 2025.04.17 18:43:13 +0530 Mcrc 2448 of 2025 2 for the offence punishable under Sections 64, 64(2)(M) of the Bhartiya Nyay Sanhita, 2023 (BNS 2023), and Section 4 and 6 of the POCSO Act, 2012. 4. Case of the prosecution in brief is that on 09.07.2024, mother of the victim lodged a report to the Police alleging in it that present applicant has committed rape upon her minor daughter on 28.06.2024 and 04.07.2024. Police registered FIR under Sections 64, 64(2)(M) of the BNS 2023, and Section 4 and 6 of the POCSO Act, 2012, arrested the applicant, and filed charge-sheet. 5. Learned counsel for the applicant would submit that the victim being a major girl, having love affair with the applicant, and engaged in consensual physical relation with him. MLC and FSL reports are negative, and FIR has been lodged after long delay. From the evidence of the victim, it is quite clear that she was the consenting party in making physical relation with the applicant. Applicant is in jail since 10.07.2024, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the bail application, and would submit that the victim being a minor girl and relative of the victim, was being allured on the ground of pretext of marriage, despite the fact that applicant is already married, committed the alleged offence. Hence the applicant is not entitled for bail. 7. Heard learned counsel for the parties, and perused documents annexed with the bail application, and the case diary. Mcrc 2448 of 2025 3 8. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation, and the material collected by the prosecution against present applicant during investigation, further that relationship between the applicant and the victim, and also that applicant is already married, and that the victim appears to be minor from the documents annexed with the case diary, I am not inclined to release the applicant on bail. 9. Accordingly, the bail application filed by the applicant- Amrud Lal Sidar @ Dablu Sidar, s/o Jai Lal Sidar is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma