1 2025:CGHC:35582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5243 of 2025 1 - Hem Lal Bhardwaj S/o Ghasi Ram Bhardwaj, Aged About 23 Years, R/o Village - Gadamod, Police Station - Jaijaipur, District - Sakti (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Hasaud, District - Sakti (C.G.). ... Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23 / 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. 65/2025 registered at Police Station – Hasaud, District –Sakti (C.G.) for the offence punishable under Section 137(2), 87, 64, 3(5) of BNS and Section 4 of POCSO Act, 2012. 2. The case of the prosecution, in short, is that the applicant has allured a minor girl on the pretext of marriage, and fled away SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.24 11:33:27 +0530 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.25 11:05:08 +0530 2 with her and thereafter subjected her to sexual intercourse and performed marriage with the victim without the consent of her lawful guardianship. On report being lodged in this regard, offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is contended that the victim was a consenting party and major at the time of incident as per the missing report and Police Daily Diary (Nakal Sanha), where the victim's parents stated her age to be 19 years. The charge sheet has been filed, and the applicant has no criminal antecedents and has been in jail since 15.05.2025. The victim has been examined and 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 vehemently opposes the bail application, submitting that the victim was a minor at the time of the incident, as per her date of birth recorded in the school register (Dakhil Kharij) as 30.11.2007. It is further contended that the victim was recovered from the possession of the applicant. There are total 26 witnesses and several important witnesses are yet to be examined, therefore, at this stage, the applicant may not be enlarged on bail. 5. Today, victim along with her father and mother appeared virtually from the concerned DLSA and raised her objection in granting bail to the applicant. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. After considering the facts and circumstances of the case, the material available on record, and the evidence against the applicant, and also taking into account that the victim's Court statement is not on record and out of 26 witnesses several important witnesses are yet to be examined, therefore, at this stage, I do not find it appropriate to grant bail to the applicant. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. 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.