1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4128 of 2025 Shivam @ Pintu Sande S/o Shri Ashok Sande Aged About 20 Years R/o Village - Khamhariya, P.S. - Takhatpur, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - P.S. - Sarkanda, District - Bilaspur (C.G.) ... Respondent/State For Applicant : Mr. Adil Minhaj, Advocate For State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 01.07.2025 1. The victim along with her mother appeared before this Court today through virtual mode from DLSA, Bilaspur and objected in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.120/2025 registered at Police Station Sarkanda, District Bilaspur (CG) for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012 (charges framed u/s 5(L)/6 of POCSO Act). 3. As per the prosecution case, the allegation against the applicant is that he, knowing fully well that the victim was a minor, kidnapped her Digitally signed by BHOLA NATH KHATAI Date: 2025.07.01 17:25:42 +0530 2 from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 31.01.2025. 4. Learned counsel appearing for the applicant submits that the victim was a consenting party and she had gone to the applicant of her own. He further submits that the applicant is in jail since 31.01.2025, charge sheet has been filed and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. In support of his contention, he relied on the decision of the Hon’ble Supreme Court in the case of Deshraj alias Musa v. State of Rajasthan & another, 2024 SCC OnLine SC 2709. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was a minor at the time of incident, therefore, her consent is of no relevance/consequence and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant and also considering the fact that charge sheet has been filed and trial has not commenced, this Court is of the opinion that it would not be proper at this stage to release the applicant on bail. Due to difference in facts, the applicant cannot be given the benefit of the said decision relied upon by the applicant side. 8. Accordingly, the present bail application stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai