1 2025:CGHC:30280 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3519 of 2025 Sanjay Joshi S/o Panduram Joshi Aged About 23 Years R/o Village Kapisda, P.S. Bamnindih, District Janjgir Champa Chhattisgarh. ... Applicant versus State of Chhattisgarh through Police Station Bamnindih, District Janjgir Champa, Chhattisgarh. ... Respondent For the Applicant : Mr. Chandra Prakash Lahrey, Advocate For Respondent(s) : Mr. Karan Kumar Baharani, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 03.07.2025 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. 03/2025 registered at Police Station Bamnidih, District Janjgir Champa Chhattisgarh for the offences punishable under sections 137(2), 87, 64(2)(d) of B.N.S., and Sections 4 & 6 of the POCSO Act. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.05 12:07:18 +0530 2 2. The prosecution story in brief is that the mother of the girl lodged report on 09.01.2025 that her daughter had gone to school and did not return. During investigation, it was found that earlier in July, 2024 the applicant has for the first time established physical with her in a field by alluring her. Thereafter, many times he committed sexual intercourse with her at different places on the pretext of marriage. On 03.01.2025 the applicant took her away to Raipur where they had resided till her recovery on 03.03.2025 and during this period, he committed forcible sexual intercourse. 3. Learned counsel for the applicant submits that according to the Date of Birth Certificate filed as Annexure A-2, the prosecutrix was major and she had voluntarily accompanied the applicant, as such, she was a consenting party. He further submits that the applicant is in jail since 04.03.2025, charge sheet has been filed and there is no immediate possibility of disposal of trial, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that as per the prosecution, the DoB of the victim is 06.09.2007 and she was minor. She further submits that earlier also in the year 2024 the applicant had committed sexual intercourse. 5. The victim girl along with her mother has appeared through VC from the concerned DLSA and objected to grant bail. 6. Having considered the submissions made by learned counsel for the parties and the fact that the trial has not commenced, I am not inclined to release him on regular bail at this stage. Accordingly, the bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao