1 2025:CGHC:35216 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5550 of 2025 Lokesh Patel S/o Makhan Patel, Aged About 21 Years R/o Village Daganiya Near Gauthan Ps Khamhariya District Bemetara (Chhattisgarh) ... Applicant versus State of Chhattisgarh through - PS Bemetara District Bemetara (C.G.) ... Respondent For the applicant : Mr. Vijay Shankar Mishra, Advocate For the State : Mr. Vivek Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 22.07.2025 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.123/2025 registered at Police Station Bemetara, District Bemetara (CG) for the offences under Sections 64(1), 65(1) & 351(2) of BNS and Section 4 of the POCSO Act, 2012. 2. The prosecution story in brief is that the victim and her sister had gone to the field and when she was in brinjal field, two boys came there on a bike and one boy came from behind and committed rape on her by pressing her mouth and thereafter, both the boys fled from scene. She came near the road and told her sister about the incident. When her parents came back from Madhya Pradesh, she A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.25 11:22:50 +0530 2 disclosed the matter to her parents. The victim girl could not see the face of the boy, but the villagers told her that the boy’s name was Lokesh, who is the present applicant. 3. Learned counsel for the applicant submits that the victim has been examined and she has clearly stated that she could not see the face of the boy who committed sexual intercourse with her and she has not supported the case of prosecution, therefore, it is a case of false implication. He next submits that the MLC report does not show that any definite opinion was given by the doctor about the sexual intercourse. He next 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 11.03.2025 and till date out of 23 witnesses, only one witness i.e., victim has been examined and there is no immediate possibility of disposal of trial, 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 victim has supported the prosecution case in her statement u/s 183 of BNSS and the named FIR was filed. 5. The victim girl along with her father has appeared through VC from DLSA Bemetara and objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, it is not a fit case to release him on regular bail at this stage. Accordingly, the bail application is rejected. 7. Copy of this order be sent to the trial Court for information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao