1 2025:CGHC:23865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2998 of 2025 Sukul Bhuihar S/o Devcharan Cherva Aged About 20 Years R/o- Durjan, P/s - Ramkanda, Distt. - Gadhva (Jharkhand) ... Applicant versus State Of Chhattisgarh Through Police Of Police Station Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Rahul Mishra, Advocate For Respondent : Mr. Karan Kumar Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13/06/2025 1. The victim along with her mother appeared through virtual mode from concerned DLSA before this Court today and recorded her no objection in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 181/2024, registered at Police Station – Ramanujganj, District- Balrampur-Ramanujganj (C.G.) Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.13 17:18:11 +0530 2 for offence punishable under Sections 137(2), 87, 64 (2)(5) of BNS and U/s 4, 6 of the POCSO Act. 3. The prosecution story, in short, is that the victim's elder sister is married to a person from the applicant/accused's village and while going to her elder sister's in-laws' house in the month of December 2023, the victim got introduced to the accused and the applicant/accused and the victim used to talk on mobile phone. On 16.12.2023, the applicant/accused Sukul Bhuinhar went to the victim's village and the applicant/accused took the victim aged 17 years 07 months to the bank of Sendur river on the pretext of marrying the victim and raped the victim. Thereafter, on 30.12.2023, the applicant/accused lured the minor victim and took her to his house and kept her there and raped the victim several times and the victim was raped for the last time in the month of July 2024. After this, the applicant/accused beat up the victim and drove her out of his house. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim examined before the Trial Court and has turned hostile. The victim was a consenting party and both of them lived as husband wife. The victim has now one child and she wants to live with the applicant. The applicant is in jail since 29.09.2024 and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the victim has not turned hostile. At the time of incident, the victim was minor, therefore, her consent does not matter. Therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, nature of offence and further considering that important witnesses are remain to be 3 examined, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham