1 2025:CGHC:31348 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4484 of 2025 Raja Indwar @ Raja Turi S/o Suraj Indwar Aged About 20 Years R/o Village- Kantiprakashpur, Luchki, PS and Tahsil - Ambikapur, Distt.- Surguja (C.G.) ... Applicant versus State of Chhattisgarh through- Station House Officer, Police Station - Lakhanpur, Distt.- Surguja (C.G.) ... Respondent For the petitioner : Ms. Seema Verma, Advocate For the State : Ms. Priya Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 08.07.2025 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.77 of 2025 registered at Police Station Lakhanpur, District Surguja (CG) for the offences under Sections 64(1) BNS and section 4 & 6 of the POCSO Act. 2. The prosecution case is that the mother of girl lodged a report against the applicant that when she (complainant) and her husband were not in the house in the month of December,2024 the applicant entered into their house and on false pretext of marriage, committed forcible sexual A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.09 17:24:52 +0530 2 intercourse with her daughter, as a result of which, the victim girl became pregnant and when she insisted to marry her, he refused. 3. Learned counsel for the applicant submits that the incident is said to have taken place between 11.12.2024 and 02.04.2025 and during this period, the incident has not been disclosed to any one and the FIR was lodged much after on 05.04.2025, therefore, there is inordinate delay in filing the FIR. He further submits that there was love affairs between the applicant and prosecutrix and she was consenting party and her correct age has not been proved. He submits that the applicant is in jail since 27.04.2025, charge sheet has been filed and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and she has supported the prosecution case in her statements recorded u/ss 161 & 164 CrPC. He further submits that on pretext of marriage and allurement, the applicant has committed forcible sexual intercourse with the girl for a considerable time, thereby, she became pregnant. 5. The victim girl along with her mother has appeared through VC from DLSA Sarguja and has not objected to grant of bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties and the fact that the trial has not commenced, I am not inclined to release the applicant on regular bail, at this stage. Accordingly, this bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao 3