1 2025:CGHC:30281 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3545 of 2025 Ritesh Kumar Sahu S/o Shri Pyare Lal Sahu Aged About 26 Years R/o Nayapara Mahasamund, Thana City Kotwali District Mahasamund Chhattisgarh ... Applicant versus State of Chhattisgarh through the Station House Officer, Police Station - Surajpur, District - Surajpur Chhattisgarh ... Respondent For the applicant : Mr. Kashish Saluja, Advocate For the State : Ms. Priya Sharma, 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. 106/2025 registered at Police Station Surajpur, District Surajpur (CG) for the offences under Sections 137(2), 87, 64(2)(m) of BNS 2023, section 6 of the POCSO Act and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The prosecution story, in brief, is that the applicant had taken away the minor girl and on the pretext of marriage committed forcible sexual intercourse with her knowing fully aware that she is minor and A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.07 15:56:46 +0530 2 belonged to Scheduled Tribe and after the incident, he left the girl at her aunt’s place. 3. Learned counsel for the applicant submits that the prosecutrix had voluntarily accompanied the applicant, visited many places with him and she was consenting party. He further submits that although the prosecutrix is stated to be above 17 years and 9 months, yet her correct age has not been proved. He also submits that even the medical report does not show any definite opinion about the sexual intercourse. He submits that the applicant is in jail since 04.03.2025, trial has not yet commenced and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the at the time of incident, the girl was minor and in her statement u/s 161 CrPC, she has supported the case of prosecution and the FSL report is awaited. 5. The victim girl along with her aunt (Mousi) appeared through VC from the concerned DLSA and objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the fact that the trial has not yet 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 3