1 2025:CGHC:39092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5438 of 2025 Santosh Banjare S/o Radheshyam Banjare Aged About 30 Years R/o Satnami Maholla Jarhagaon P.S Jarhagaon District- Mungeli (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Jarhagaon District Mungeli (C.G.) ... Respondent For Applicant : Dr. Arpit Lall, Advocate For Respondent : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 06.08.2025 1. On 24.07.2025, the victim along with her father appeared before this Court through virtual mode from DLSA, Mungeli and raised objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.12/2025 registered at Police Station Jarhagaon, District Digitally signed by BHOLA NATH KHATAI Date: 2025.08.07 14:45:34 +0530 2 Mungeli (CG) for the offence punishable under Section 65(1) of BNS and Section 4(2) of the Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, forcibly committed sexual intercourse with her. Subsequently, on the report of the victim, the applicant was arrested on 02.02.2025. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim was a consenting party and she had gone with the applicant of her own will. He further submits that the FSL report is negative, there are total 22 witnesses out of which only the victim has been examined till date, the applicant is in jail since 02.02.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, therefore, her consent is of no relevance/consequence. He further submits that the victim in her Court statement has supported the case of prosecution and considering the nature of offence, the applicant does not deserve to be released on bail. 3 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai