1 2025:CGHC:32416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4728 of 2025 1 - Birbal Prajapati S/o Keshwar Prajapati, Aged About 25 Years, R/o Village Kusmi Kumharpara, Police Station Kusmi, District Balrampur- Ramanujganj (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Kusmi, District Balrampur-Ramanujganj (C.G.). ... Respondent For Applicant : Mr. Ujjawal Agrawal, Advocate. For Respondent/State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11 / 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. 25/2025 registered at Police Station –Kusmi, District – Balrampur (C.G.) for the offence punishable under Section 64(1) of BNS, 2023 and 4, 6 of the POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.12 12:58:20 +0530 2 2. The case of the prosecution is that, on 10.04.2025, the mother of the victim lodged a written complaint alleging that the applicant had sexually assaulting her minor daughter since 2023 for about 2.5 years on false pretext of marriage and also threatened her not to disclose the incident to her family members. On the basis of the said complaint, FIR was registered and the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is a huge delay in lodging the FIR in question as the incident dates back to the year 2023 whereas the FIR was lodged in the year 2025. He next submits that there was a love affairs between the applicant and the victim and as per the MLC report, no injury was found on any part of body of the victim and no sign of recent sexual intercourse has been found. The applicant has no criminal antecedents and has been in jail since 11.04.2025. 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 14-15 years. There are total 17 3 witnesses and the trial has not yet commenced, therefore, at this stage, the applicant may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. 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 the trial has not yet commenced, at this stage, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. 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.