1 2025:CGHC:29043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4235 of 2025 1 - Pawan Kumar Bhoi S/o Premlal Bhoi Aged About 25 Years R/o Village Kotdwari, Police Station Baloda, District Mahasamund Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Baloda, District Mahasamund Chhattisgarh. ... Respondent For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Respondent/State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 30 / 06 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 09/2025 registered at Police Station – Balodda, District-Mahasamund (C.G.) for the offence punishable under Section 137(2), 87, 64(2) (n), 65(1) of B.N.S. and Section 6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.30 17:42:11 +0530 2 2. The prosecution case, in brief, is that, the applicant allegedly took the victim without the consent of her lawful guardians and committed sexual intercourse with her on the pretext of marriage. Thereafter, an FIR was registered and applicant was arrested for the aforesaid offence. 3. Learned counsel for the applicant vehemently argues that the applicant is innocent and has been falsely implicated in the present case, and he has not committed any offence as alleged against him. He next submits that the conduct of the victim clearly reveals that she was a consenting party and she voluntarily accompanied with the applicant on her own will. Notably, the applicant has no criminal antecedent and he is in jail since 29.01.2025. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application and submits that at the time of incident, the victim was aged about 13 years 07 months and out of 19 only 03 witness has been examined so far. Therefore, at this stage, he may not be enlarged on bail. 5. Despite service of notice, victim is not appeared before this Court today. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the 3 evidence against the applicant, further considering the fact that out of 19 witnesses only 03 witness has been examined and there are some important witnesses still remain for examination, therefore, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.