1 2025:CGHC:21509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2668 of 2025 1 - Kishan @ Paw Verma S/o Rameshwar Verma Aged About 23 Years R/o Village- Dhekakpur, Thana- Thankhamhariya, Distt.- Bemetara (C.G.) ... Applicant(s) versus 1 - The State Of Chhattisgarh Through- Sho, Police Station- Thankhamhariya, Distt.- Bemetara (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Samir Singh, Advocate For Non-applicant(s) : Ms. Priya Sharma, P.L. S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 08.05.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 15.09.2024 in connection with Crime No. 138/2024 registered at P.S. Thankhamhariya, District- Bemetara (CG) for the offence under Sections 64 (2)(n), 361 (3), 116 (2) of Bhartiya Nyay Sanhita (in short “BNS 2023”) and Section 4 & 6 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) against the applicant. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.09 10:51:32 +0530 2 2. Pursuant to the order dated 04/04/2025, the victim along with her father appeared through virtual mode from DLSA- Bemetara and when they being asked about their submission with respect to the bail application filed by the victim, the victim has submitted that she has no objection in granting bail to the applicant, however, her father has raised objection in granting bail to the applicant. The submission made by the victim and the objection raised by her father in taken on record. 3. The case of the prosecution is that on 15.09.2024, the victim lodged a report that she was sexually exploited by the applicant from 15.09.2023 to 14.09.2024 and on 14.09.2024 he again tried to sexually assaulted the victim and when she protested, the applicant bitten her by knife and she received injury on her head and then she disclosed the incident to her mother and lodged the report. The offence has been registered against the applicant and he has been arrested on 15.09.2024 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim being a major girl having love affair with the applicant and she continued with the relationship since last 4-5 years without raising any objection. However, some dispute arose between them and then she lodged the report. Their ingredients of the offence of rape is missing. The applicant is in jail since 15.09.2024 and final adjudication of the case will take its own time, therefore the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes and has submitted that from the material collected during the investigation, the victim appears to be minor, aged about 15 years and 07 months, injuries have been found on the head of the victim which was caused by the applicant and she was 3 sexually exploited by the applicant and therefore, the applicant is not entitled for the bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the her 183 of B.N.S.S. Statement and the MLC report of the victim, I am not inclined to release the applicant on bail. 8. Consequently, this application filed by the applicant under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika