1 2025:CGHC:24490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3213 of 2025 Sandeep Chouhan S/o Manharan Chouhan Aged About 24 Years R/o Village Devbaloda, Bhatapara, Bajrangbali Chowk, Police Station Old Bhilai, Tahsil And District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Bhilai (wrongly mentioned as P.S. Utai in the cause title of the order) District Durg (C.G.) ... Respondent For Applicant : Mr. Jitendra Gupta, Advocate For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16/06/2025 1. The victim along with her mother appeared through virtual mode from concerned DLSA before this Court today and recorded ‘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. 37/2025, registered at Police Station – Purani Bhilai, District- Durg (C.G.) for offence punishable under Sections 87, 64(2), (M) of BNS 2023 and U/s 5 (L) read with Section 6 of the POCSO Act 2012. Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.18 10:28:37 +0530 2 3. The prosecution story, in short, is that the applicant/accused kidnapped/abducted the minor victim, aged 16 years, before 02/06/2024, without the consent of her parents under lawful guardianship, with the intent to have illicit sexual intercourse or knowing that she would be compelled or seduced to have illicit sexual intercourse, and had physical relations with her more than once from 02/06/2024 to 02/10/2024, committed rape/aggravated penetrative sexual assault, as a result of which she became 8 months pregnant. 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 was a consenting party, they had a love affair and she herself went to the applicant on her own will. The applicant is in jail since 30.01.2025 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 at the time of incident, the victim was minor. 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 the trial has not even commenced yet, 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