1 2025:CGHC:82 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6143 of 2024 1 - Ankush Solanki S/o Arjun Solanki Aged About 23 Years R/o Bordi, Police Station Bahela, District- Balaghat, Madhya Pradesh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Khairagarh, District- Khairagarh- Chhuikhadan-Gandai, Chhattisgarh. ... Respondent(s) For Applicant : Shri Prasoon Agrawal, Advocate. For the State : Ms. Pushpalata Xalxo, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.221/2024 registered at Police Station Khairagarh, District Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 363, 366(d), 376(3) of IPC and Sections 5 (B)/6 of POCSO Act. 2. The case of the prosecution is that on 13.02.2024 father of the prosecutrix filed the missing report before the concerned police station. On 14.05.2024 the prosecutrix was recovered by the police authorities from the possession of the applicant. As per alleged story of NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.08 11:08:37 +0530 2 prosecution it has been stated that the forcible sexual intercourse has been committed with the prosecutrix by the applicant. 3. Learned counsel for the applicant submits that charge-sheet has been filed, no previous criminal antecedent against the applicant, hence he prays for release of bail to the applicant. 4. On 05/11/2024 victim along with her father has appeared before this Court through video conferencing and raised no objection in releasing the applicant on bail. 5. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that age of the prosecutrix is only 12 years 3 months. Hence, he is not entitled for grant of bail. 6. Heard learned counsel for both the parties. 7. Considering the entire facts and circumstances of the case, gravity of the offence leveled against the applicant and looking to the age of the prosecutrix and it is case where applicant has committed forcible sexual intercourse with minor girl aged about 12 years and 3 months, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant Ankush Solanki filed under Section 483 of BNSS involved in Crime No.221/2024 registered at Police Station Khairagarh, District Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 363, 366(d), 376(3) of IPC and Sections 5 (B)/6 of POCSO Act, is rejected. Sd/- (Arvind Kumar Verma) JUDGE Kamde