1 2025:CGHC:41848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5616 of 2025 Manoj Dahariya S/o Chander Dahariya Aged About 33 Years R/o Navagaon Dayali, Chowki Dindauri, Police Station Chilfi, District- Mungeli (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - City Kotwali, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Achyut Tiwari, Advocate For Respondent(s) : Mr. Rishabh Bisen, Panel Lawyer and Ms. Kiran Sahu, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 19/08/2025 1. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 489/2024, registered at Police Station City Kotwali, District-Bilaspur (CG) for the 2 offence punishable under Sections 137(2), 87, 64, 3(5) of BNS and Section 4 and 6 of POCSO Act, 2012. 2. The First Bail Application was dismissed on merits by this Court on 14.01.2025 in MCRC No. 8646 of 2024. 3. Since, the victim did not appear before this Court though served, therefore, Ms. Kiran Sahu, Advocate who is present in the Court is requested to assist the Court as an amicus curiae. 4. The prosecution story in brief, is that the applicant has lured and abducted minor girl aged about 13 years and 1 month at the time of incident and developed sexual relation with the victim. On the report of father of the victim, applicant was arrested on 5.11.2024. 5. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant neither involved in the commission of kidnapping nor made any physical relationship with the victim, charge sheet has not been filed and investigation will take time, victim herself called the present applicant and willfully went away with him, no previous criminal antecedent against the applicant and he is in jail since 05.11.2024, hence he prays for release on bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application and submits that all the evidences are against the applicant. 7. I have heard learned counsel for the parties and perused the case 3 diary. 8. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Manoj Dahariya involved in Crime No. 489/2024 under Sections 137(2), 87, 64, 3(5) of BNS and Section 4 and 6 of POCSO Act, 2012 at Police Station- City Kotwali, District- Bilaspur, Chhattisgarh, is rejected. 9. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima