1 2025:CGHC:29001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3446 of 2025 Rohit Namdeo S/o Chotelal Aged About 20 Years R/o Old Basti, Pendra, P.S.- Pendra, District- Gaurela-Pendra-Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer-Pendra, District- Gaurela-Pendra-Marwahi (C.G.) ... Respondent/State For Applicant : Mr. Siddharth Rathod, Advocate For State : Ms. Vaishali Mahilong, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30.06.2025 1. The victim along with her mother appeared before this Court today and objected in granting bail to the applicant. 2. Heard the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular bail to the applicant who has been arrested in connection with Crime No.222/2024 registered at Police Station Pendra, District Gaurela-Pendra-Marwahi (CG) for the offence punishable under Sections 137(2), 87, 64(1), 3(5) of BNS, Sections 4 & 6 of POCSO Act and Section 3(2)(v) of SC/ST Act. 3. As per the prosecution case, the allegation against the present applicant is that he knowing fully well that the victim was a minor, Digitally signed by BHOLA NATH KHATAI Date: 2025.07.01 10:38:40 +0530 Digitally signed by BHOLA NATH KHATAI Date: 2025.07.01 10:41:37 +0530 2 kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. Subsequently, on the report being made in this regard, the applicant was arrested on 26.07.2024. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim was a consenting party and she had gone to the applicant of her own free will. He further submits that there are total 23 witnesses out of which only 10 witnesses have been examined till date, the applicant is in jail since 26.07.2024 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was a minor at the time of incident, therefore, her consent is of no relevance/consequence and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai