1 2025:CGHC:23074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3745 of 2025  Samesh Kumar Chouhan S/o Shankarlal Chouhan Aged About 26 Years R/o Village Rajpur, Putpura, Police Station- Lailunga, And District- Raigarh (C.G.) ... Applicant versus  State Of Chhattisgarh Through S.H.O. Of Police Station- Lailunga, And District- Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate For State/ Non-applicant : Mr. G.L. Uike, P.L. Hon’ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board 11-06-2025 1) This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by the applicant before this Court for the grant of regular bail in connection with Crime No. 171/2024 registered at Police Station – Lailunga, District – Raigarh(C.G.) for the offence punishable under Sections 64, 64(2)(M), 115(2), 351(2) of B.N.S. and 4 and 6 of POCSO Act, 2012. 2) As per the prosecution story, on 25.08.2024, prosecutrix lodged report by alleging that, on 07.05.2019 at around 09:00 p.m., when she went for nature’s call at the field, the applicant took her and committed sexual intercourse with her. At the time, she was aged about 14 ½ AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.06.12 14:55:59 +0530 2 years. Then again after one month, same incident was repeated and threatened her to viral her video and gave pills for abortion. On 26.06.2024, they performed marriage and started living as husband and wife but on 07.08.2024, prosecutrix left applicant’s house and lodged the complaint. 3) Learned counsel for the applicant submits that applicant has falsely been implicated in connection of this crime and the allegations are baseless. He further submits that the date of first occurrence of offence was 07.05.2019 and FIR was lodged on 25.08.2024. He also submits that applicant and the prosecutrix also performed marriage on 26.06.2024. He contends that the applicant has been in jail since 26.08.2024 and only three witnesses, out of total, 11 witnesses have been examined till now, thus, he prays for the grant of bail to the present applicant. 4) On the other hand, the learned counsel for the State submits that prosecutrix was aged about 14 years at the relevant time which is evident from the documents produced before the learned trial Court. Further, looking into the nature of offence, the present bail application deserves to be rejected. 5) Prosecutrix appearing with her parents through video-conferencing with the help of DLSA, Raigarh has raised objection against the bail application. 6) Heard learned counsel for the parties and perused the case diary. 7) Taking into consideration the fact that the prosecutrix was minor at the time of occurrence of crime and she has objected to the bail application filed by the applicant, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, concerned trial Court is directed to 3 expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 8) Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) JUDGE Ajinkya