1 2025:CGHC:32806 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4882 of 2025 Teras S/o Tiharu Ram Gond Aged About 18 Years R/o Channa Dafai, Haldibadi, Chirmiri, P.S. Chirmiri, District Manendragarh- Chirmiri- Bharatpur (C.G.) --- Applicant versus State of Chhattisgarh through Police Station House Chirmiri, District Manendragarh-Chirmiri- Bharatpur (C.G.) ... Respondent For the applicant : Mr. Nitesh Sahu, Advocate on behalf of Mr. Ravikar Patel, Advocate For the State : Mr. Vivek Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 14.07.2025 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. 04/2025 registered at Police Station Chirimiri, District Manendragarh-Chirimiri-Bharatpur (CG) for the offences under Sections 137(2), 87, 64(2) of BNS and sections 4 & 6 of the POCSO Act. 2. According to the prosecution case, the applicant who is resident of Saragaon, Janjgir Champa had come to his maternal grand- mother’s house situated at some distance from victim’s house during summer where the victim and applicant came to be acquainted with A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.17 14:53:49 +0530 2 each other. On 01.01.2025, the applicant had taken her away to his village Saragaon Janjgir Champa from the lawful custody of her parents on the pretext of marriage and kept her in his house where he committed forcible sexual intercourse on 02.01.2025 & 03.01.2025 thereby offence has been committed. 3. Learned counsel for the applicant submits that the prosecutrix had voluntarily accompanied the applicant and she was consenting party. He further submits that although the prosecutrix is stated to be minor, yet the evidence of her correct age has not been collected by the prosecution. He submits that the applicant is in jail since 05.03.2025 and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the applicant knowing fully well that the victim is minor took her away from the lawful custody of her parents on the pretext of marriage and committed sexual intercourse. He further submits that the girl was found missing since 01.01.2025 and she was recovered on 05.03.2025. 5. The victim girl along with her parents appeared through VC from the concerned DLSA and objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the fact that the trial has not yet commenced, I am not inclined to release the applicant on regular bail, at this stage. Accordingly, the bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao