1 2025:CGHC:43957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5667 of 2025 Nyutan @ Netan @ Golu Yadav S/o Late Dhaniram Yadav Aged About 28 Years R/o Village Chakarada P.S. Sarsiwa Tah. Bilaigarh, District Sarangarh- Bilaigarh (C.G.) --- Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Sarsiwa, District Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Manoj Kumar Jaiswal, Advocates For Respondent-State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 29/08/2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 121/2023 registered at Police Station – Sarsiwa, District – Sarangarh – Bilaigarh (C.G.) for offence punishable under Sections 363, 366, 376 (2) of I.P.C., 1860 and Section 6 of POCSO Act, 2012 and U/s. 3 (1) (v) (i), 3 (2) (v) of S.C./S.T. (Prevention of Atrocities) Act. 2. Case of prosecution in brief is that co-accused Vijay Pankaj @ Abhishek Pankaj called the victim at Sarsiwa. Victim went to Sarsiwa BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.09.01 10:52:20 +0530 2 on public vehicle, where she met with Vijay Pankaj @ Abhishek Pankaj and present applicant. Applicant took her to his own house and committed sexual intercourse with her and when co-accused came there, applicant informed him that mother of victim became ill, therefore, he is going to leave her, however, applicant took her to Delhi and there they lived as husband and wife and after some time left the victim at Delhi and ran away. She was rescued by police of Delhi from there the police of Sarsiwa brought her back. Based on the report, aforementioned crime was registered and applicant was arrested on 20.05.2023. 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case. Applicant is in jail since 20.05.2023. Oother co- accused person has been enlarged on bail and case of applicant is also on similar footing, therefore, applicant may also be enlarged on bail. 4. Learned State counsel opposes the submission of learned counsel for applicant and submits that applicant is main accused. The allegation of committing sexual intercourse with minor victim aged about 15 years and 6 months is upon applicant. Applicant committed sexual intercourse with victim thereafter took her to Delhi where he committed sexual intercourse with her on many occasions and after sometime, left her at Delhi and fled away. There are no allegation of sexual intercourse against co-accused. 5. When this Court posed specific query to learned counsel for applicant about status of trial he submits that till date only 11 witnesses have been examined, however, order-sheet has not been filed as to why the remaining prosecution witnesses are not examined. 3 6. Notice issued to victim by this Court was served upon her father, however, there is no representation. 7. I have heard learned counsel for parties. 8. Taking into consideration, nature of allegation, facts and circumstances of the case, submission of learned counsel for respective parties, I do not find present to be a fit case to allow this application. 9. Accordingly, bail application is rejected. However, taking note of date of arrest of applicant since 20.05.2023, learned trial Court is directed to take all necessary measures for presence of prosecution witnesses to expedite the trial. Sd/- (Parth Prateem Sahu) JUDGE Balram