1 2025:CGHC:22073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 607 of 2025 Shivbalak S/o Prakash Minj Aged About 21 Years R/o Bakirma, Pahadpara, Thana- Manipur, Ambikapur, Distt.- Sarguja (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Jainagar Distt.- Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Neeraj Kumar Mehta, Advocate. For Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15/05/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.10/2025, registered at Police Station Jainagar Distt.- Sarguja (C.G.) for alleged commission of offence punishable under Section 137(2) & 65(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 6 of POCSO Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He further submits that though the applicant is alleged to have established physical relationship with the victim, who is minor girl aged about 13 years, but she was the consenting party and she voluntarily had gone with the applicant in his house. He also submits that the applicant wants to withdraw present anticipatory bail application, as he is ready to surrender before the trial Court. 3. Learned State counsel submits that the applicant had established physical relationship with the victim, who is minor girl aged about 13 years, therefore, the anticipatory bail application of the applicant deserves to be rejected 4. In compliance of the Court’s order dated 30.04.2025, victim alongwith her mother appeared through District Legal Services Authority (DLSA) and raised strong objection. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the applicant is alleged to have established physical relationship with the victim, who is a minor girl aged about 13 years as her date of birth which is apparent from her Aadhar Card is 13.08.2011, also considering the statement of victim recorded under Section 183 of BNSS, but after arguing at some length, learned counsel for the applicant submits 3 that the applicant wants to withdraw present anticipatory bail application, as he is ready to surrender before the trial Court, the present bail application is dismissed as withdrawn without any liberty. Sd/- (Ramesh Sinha) Chief Justice Akhil