1 2025:CGHC:31353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4481 of 2025 1 - Manish Diwakar S/o Dwajram Diwakar, Aged About 21 Years, R/o Village Mohlai, P.S. Dhamdha, District Durg, Present Address- Village Godhi, P.S. Nandini Nagar, District Durg (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The S.H.O., Police Station- Nandini Nagar, District Durg Chhattisgarh. ... Respondent For Applicant : Mr. Shalvik Tiwari, Advocate. For Respondent/State : Mr. Karan Kumar Baharani P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 08 / 07 / 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. 37/2025 registered at Police Station – Nandini Nagar, District – Durg (C.G.) for the offence punishable under Section 137(2), 70(2), 87, 64(2)(m) of BNS, 2023 and Section 5/6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.10 11:19:23 +0530 2 2. The case of the prosecution is that on 01.03.2025, the mother of the victim filed a complaint in Police Station Nandini, alleging that her daughter had gone to her uncle's (Dhanesh Tandon) house on 13.02.2025, to attend a wedding. She received a call stating that her daughter had left the house without informing anyone at 11 pm on 23.02.2025. The victim returned home on her own on 16.03.2025. The allegation against the present applicant is that the applicant dropped the victim to Nandini Bus Stand and committed sexual intercourse with her. Based on this, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that the victim herself requested the applicant to drop her at the Nandini Bus Stand, and the applicant, in the presence of her family members, picked her up from her house and dropped her off at the bus stand. The applicant has no criminal antecedents and has been in jail since 24.03.2025. 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, submitting that at the time of incident, the victim was aged about 16 years and she has categorically stated that the present applicant has committed sexual intercourse with her. The trial has not yet commenced, therefore, at this stage, the applicant may not be released on bail. 3 5. Today, victim along with her mother appeared virtually and raised her objection in granting bail to the applicant. 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 evidence against the applicant, further considering the fact that trial has not yet commenced, 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. 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.