1 2025:CGHC:24662 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3112 of 2025 Deva Chauhan S/o Kudu Chauhan Aged About 19 Years R/o Village Singhbandha, Police Station and District Mungeli (C.G.) presently at Ward No. 06 Mohabhattha, Bemetara, Police Station and District Bemetara, Chhattisgarh. ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh. ... Respondent For Petitioner(s) : Mr. Luvkush Kumar Sahu, Advocate For Respondent(s) : Mr. Pranjal Shukla, Panel Lawyer. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 16/06/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 241/2024 registered at Police Station Bemetara, for the A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.19 16:48:14 +0530 2 offence punishable under Sections 363, 366. 376 & 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act. 2. The prosecution story is that the applicant has enticed away the minor girl from the lawful custody of her parents and committed forcible sexual intercourse, thereby the offence has been committed. 3. Learned counsel for the applicant submits that the age of the prosecutrix has not been proved as the author of the document himself does not know as to on what basis the DoB of the girl was entered, therefore, there exists contradiction in the documentary evidence of date of birth of victim, which has been produced by the prosecution. He further submits that the statement of prosecutrix recorded before the trial Court under Section 164 of CrPC in which she has categorically stated that she had love affairs with the applicant and voluntarily accompanied the applicant and both they have performed marriage in a temple and presently she is pregnant and wants to live with the applicant and not with the parents, therefore, no case is made out against the applicant. He submits that the applicant is in jail since 28.01.2025 and the charge sheet has been filed, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor girl and the applicant has enticed away the girl from the custody of her parents and the victim has supported the prosecution case before the trial Court. 3 5. The father of the girl appeared through VC from DLSA, Bemetara and has not objected to grant of bail. 6. Having considered the submission of the learned counsel for the parties and the fact that some important witnesses are yet to be examined, I am not inclined to release the applicant on regular bail. Accordingly, the bail application is rejected. 7. However, looking to the facts situation of the case, the trial Court is directed to expedite the trial and to ensure that the trial is concluded as early as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Rao