1 2025:CGHC:33737 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5113 of 2025 Arman Ali S/o Javed Ali Aged About 20 Years R/o Village Tahsil Bhatapara, Sanjay Nagar, Ward No.2, Katghora, Tahsil Katghora, District Korba (C.G.) ... Petitioner versus State of Chhattisgarh through- Police Station- Bango, District Korba (C.G.) ... Respondent For the applicant : Mr. Vikas Kumar Pandey, Advocate For the State : Mr. Vivek Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17.07.2025 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.16/2025 registered at Police Station Bango District Korba (CG) for the offences under Sections 137(2), 87, 64(2) (Da) of BNS 2023 and section 6 of the POCSO Act and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The prosecution story in brief is that the applicant knowing fully aware that the victim girl is minor and belonged to Scheduled Tribe had taken her away from the lawful custody of her parents and on the pretext of marriage committed forcible sexual intercourse with her thereby offence has been committed. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.18 17:00:11 +0530 2 3. Learned counsel for the applicant submits that there was love affair between the victim girl and the applicant, they want to marry but since their religions are different, the father of girl did not agree to such marriage and lodged a false report against the applicant. He further submits that although the prosecutrix is stated to be minor, yet the evidence of correct age has not been proved. He submits that the applicant is in jail since 21.01.2025 and out of total 20 witnesses, only the victim and her mother have been examined 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 at the time of incident, the girl was minor and the applicant took her away from the lawful custody of their parents and committed forcible sexual intercourse on the pretext of marriage. 5. The victim girl along with her father is present in Court and they objected to grant bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release the applicant on regular bail at this stage. Accordingly, the bail application is rejected. 7. However, the trial Court is directed to expedite the trial and ensure that the trial is completed as early as possible. 8. Office is directed to send the copy of this order to the Trial Court for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao