1 2025:CGHC:24653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3891 of 2025 Dushyant Nishad S/o Iwram Nishad Aged About 22 Years R/o Chaweli, Police Station - Thelkadih, District - Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Thelkadih, District Khairagarh-Chhuikhadan-Gandai (C.G.), (As Per Final Report) ... Respondent(s) For Applicant : Mr. Abhishek Saraf, Advocate For Respondent/State : Ms. Prabha Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16/06/2025 1. The victim along with her father appeared through virtual mode from concerned DLSA before this Court today and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 226/2024, registered at Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.18 10:28:37 +0530 2 Police Station – Thelkadih, District- Khairagarh-Chuikhadan-Gandai (C.G.) for offence punishable under Sections 450, 376 (2)(j)(n) of IPC and U/s 5 (j)(ii)(1)/6 of the POCSO Act. 3. The prosecution story, in short, is that on 30/10/2024, female Head Constable Maneka Sahu received a written hospital memo from Parakh Nursing Home stating that the victim is unmarried and has given birth to a baby. After this, on 06/11/2024 at around 10.30 am, the victim's father/applicant appeared at the police station and submitted a written complaint to the effect that his daughter was admitted to Parakh Nursing Home Rajnandgaon on the night of 29/10/2024 due to stomach ache, where she gave birth to a child. When the victim was questioned, she told that she loved the accused Dushyant Nishad, and between 20/09/2023 and 15/02/2024, when no one was at home, the applicant/accused continuously had physical relations with her against her will. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim was a consenting party, the victim and the applicant had a love affair. The applicant is ready to keep the victim. Further, the applicant in jail since 06.11.2024, out of 21 prosecution witnesses, only 2 have been examined till date and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor. Therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, nature of offence and further considering that important witnesses remain to be 3 examined, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham