1 2025:CGHC:39088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4831 of 2025 1 - Nanu Diwakar S/o Dhanesh Diwakar, Aged About 20 Years, R/o Village- Dharampura, P.S.- Jarhagaon, District- Mungeli (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through, Station House Officer Jarhagaon, District - Mungeli (C.G.). ... Respondent For Applicant : Dr. Arpit Lall, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 06 / 08 / 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. 50/2025 registered at Police Station – Jarhagaon, District – Mungeli (C.G.) for the offence punishable under Section 137(2), 87, 64(2) (M) of BNS and Section 4, 6 of the POCSO Act. 2. The case of the prosecution is that, on the basis of Hospital memo received from CIMS Hospital Bilaspur, the police Station SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.07 10:28:19 +0530 2 City Kotwali registered an unnumbered case against the accused. Upon investigation, it was found that the applicant Knowing the victim to be minor lured her into marriage and had a physical relation with her and entice her away to Gariaband and then to Pune and continued to have physical relations with her, due to which the victim became pregnant and gave birth to a son through operation on 01/05/25 in CIMS Hospital Bilaspur. 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 the victim was a consenting party and, upon examination, turned hostile, raising no objection to granting bail to the applicant before the trial court. The applicant has no criminal antecedents and has been in jail since 04.06.2025, 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, the learned counsel for the State opposed the bail application, submitting that at the time of the incident, the victim was a minor, about 15 years and 8 months old. It is further submitted that only the victim and her mother have been examined, and several important witnesses remain to be examined. 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. 3 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 only victim and her mother have been examined till date and some important witnesses are still remaining for examination, 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.