1 2025:CGHC:30703 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4191 of 2025 Sohan Nishad S/o Pardeshi Nishad Aged About 24 Years R/o Village Indouri, P.S. Pipariya District Kabirdham Chattisgarh ... Applicant versus State of Chhattisgarh through Chowki Dharangpur P.S. Pipariya (Chhattisgarh) ... Respondent For the applicant : Mr. Hemant Gupta, Advocate For the state : Mr. Pranjal Shukla, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 04.07.2025 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.135/2024 registered at Police Station for the offence u/ss 363, 366, 376(2)(n) of IPC and Section 6 of POCSO Act and Section 3(2)((v) A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The prosecution story in brief is that the applicant knowing fully aware that the victim girl is minor and belonged to Scheduled Tribe had enticed her away from the lawful custody of her parents on the pretext of marriage and committed forcible sexual intercourse with A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.07 15:01:08 +0530 2 her and thereafter she was recovered from the possession of applicant from Maharashtra. 3. Learned counsel for the applicant submits that the statement of prosecutrix would clearly go to show that she had voluntarily accompanied the applicant and both were residing together in Maharashtra as wife and husband, therefore, she was consenting party. He further submits that although the prosecutrix is stated to be minor, but there exists contradictions in her statement and her correct age has not been proved. He submits that out of total 17 witnesses, only 5 have been examined till date and the applicant is in jail since 20.07.2024 and there is no possibility of immediate 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, the girl has supported the prosecution. 5. The victim girl along with her father appeared through VC from the concerned DLSA and has not objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release him on regular bail at this stage. Accordingly, the bail application is rejected. 7. However, looking to the long custody period of the applicant and considering it to be an exceptional case, the trial Court is directed to expedite the trial and ensure that the trial is completed as early as possible within a period of four months. Sd/- (Sanjay Kumar Jaiswal) Judge Rao 3