1 2025:CGHC:21807 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3650 of 2025 Ramesh Patel S/o Shri Heera Lal Patel Aged About 18 Years R/o Village- Siladehi, Ps- Birra, Distt. Janjgir- Champa (Cg) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Birra, Distt. Janjgir-Champa (Cg) ... Respondent For Applicant : Mr. Vivek Shrivastava, Advocate For Respondent/State :Mr. Rishabh Singh Deo, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 09.05.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 88/2022 registered at Police Station Birra, District Janjgir-Champa, Chhattisgarh for the offence punishable under Section 363, 366, 376 of Indian Penal Code and Section 04 and 06 of the POCSO Act. 2. Brief facts of this case is that on 14.06.2022 at around 9pm the prosecutrix, a minor girl, was sleeping alone in her room and her family members were sleeping in other rooms after taking dinner. On 15.06.2022 at about 5am when her mother went into the 2 room of the prosecutrix to wake her up, she was found missing. Hence on report being lodged by the complainant, offence under Section 363 of the Indian Penal Code was registerd and during the investigation she was recovered from Jammu Kashmir on 25.06.2022 and her statement was recorded wherein she alleged her kidnapping and sexual assault against the applicant on the pretext of marriage. Therefore, the aforesaid offences were registered against him and after completion of investigation, charge sheet was filed before the concerned Jurisdictional court. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. That from the evidence so far collected by the prosecution it is crystal clear that there is nothing on record to show that the prosecutrix was minor on the date of incident. There is no conclusive or cogent piece of evidence to prove minority of the prosecutrix. The applicant has no criminal record and this is the first offence alleged against him. The applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this court. Hence he pleads to grant bail to the applicant in the interest of justice. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, and the evidence available on record it is crystal clear that the applicant 3 is involved in the crime and there are clinching chain of evidences which proves the same. Therefore, this court is of the considered opinion that this case is not a fit case to allow the bail application of the applicant. 7. Accordingly, the instant miscellaneous criminal appeal stands dismissed. 8. However, concerned Trial Court is directed to expedite the trial as soon as possible, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza